Lewis v. Barton Salt Co.

Citations

• 82 Kan. 163
• 107 P. 783
• 1910 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Factory Act” — Assumption of Risk — Contributory Negligence. The “factory act” (Laws 1903, ch. 356) excludes the defense of assumed risk, but does not exclude the defense of contributory negligence.</p> <p>2. Master and Servant — Injury to Employee — Statutory Duty of Master — Contributory Negligence. The questions whether it was practicable to safeguard the pans and whether the plaintiff was guilty of contributory negligence presented issues of fact, which were determined by the verdict on conflicting evidence. The verdict was approved by the trial court, and we can not weigh the evidence here.</p>