Lunn v. Morris & Co.

Citations

• 81 Kan. 94
• 105 P. 15
• 1909 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — -Injury to Employee — Negligence of a Fellow Servant. Several laborers over whom a foreman had been appointed to oversee and direct their work were engaged in moving bones from the defendant’s pressroom to a dump, by the use of trucks passing over a gangway six feet wide, elevated five feet above the surface. Two laborers were pushing one of these loaded trucks along this gangway when, the truck becoming stalled, the foreman ordered them to hurry up, and exclaimed “Pull it up,” at the same time seizing one of the wheels of the truck and giving it a jerk which caused the shafts to turn suddenly, striking the plaintiff’s legs and knocking him from the gangway, whereby he was injured. Although the foreman was negligent in his conduct causing the injury, as found by the jury, still this negligence was that of a fellow servant, and the plaintiff can not recover. (Following A. T. & S. F. Rld. Co. v. Moore, 29 Kan. 632; Brick Co. v. Shanks, 69 Kan. 306; Bridge Co. v. Miller, 71 Kan. 13; Crist v. Light Co., 72 Kan. 135.)</p>