Little v. Norton Coal Co.

Citations

• 83 Kan. 232
• 109 P. 768
• 1910 Kan. LEXIS 507

Syllabus

<p>1. Personal Injuries — Employee at Work in a Mine — ■Falling of Loose Rock — Statutory Duty of Master. Where an employee at work in0a mine was injured by the falling of a loose rock from the roof of an entry the employer’s liability depended, not upon whether it had actual or constructive notice that the rock was loose, but upon whether it had failed to perform its statutory duty to secure loose rock overhead from falling in upon the traveling-ways.</p> <p>2. - Contributory Negligence. The miner was not guilty of contributory negligence because he had not noticed that the rock which fell upon him was loose before it fell.</p>