Madison v. Clippinger

Citations

• 74 Kan. 700
• 88 P. 260
• 1906 Kan. LEXIS 125

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Servant — Unguarded Machinery — Contributory Negligence. The statute known as the factory act (Laws 1903, eh. 356) does not exclude the defense of contributory negligence in an action by an employee to recover damages for injuries received in operating an unguarded rip-saw in a factory.</p> <p>2. - Special Finding of Contributory Negligence — Erroneous Instruction on Assumed Risk. In such an action, where the defendant pleads two defenses — assumed risk, and contributory negligence — and the jury under proper instructions find specially that the plaintiff knew the danger, could have avoided it, and was guilty of contributory negligence in not doing so, and also return a general verdict for the defendant, and judgment is thereupon rendered for the defendant, such judgment will not be reversed for error, if error there be, in instructions relating to assumed risk.</p>