Messick v. McEntire

Citations

• 97 Kan. 813
• 156 P. 740
• 1916 Kan. LEXIS 403

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Workmen’s Compensation Act — Personal Injuries — Contributory Negligence of Plaintiff — No Bar to Recovery. In an action under the workmen’s compensation act (Laws 1911, ch. 218) the admitted facts showed that plaintiff was injured by being caught in the revolving cylinders of a machine while standing in or upon it and applying compressed air for the purpose of cleaning the cylinders. Covers or hoods were provided for use when the machine was in operation, but in order to clean the machine the covers had to be removed. The plaintiff could have stood on the ground and applied the air without danger of coming in contact with the revolving cylinders. On these facts and others stated in the opinion it is held that plaintiff is not barred from the right to recover compensation by the provision of section 1 of the compensation act on the ground that his injury resulted from his deliberate intent to cause the injury or from his willful failure to use a guard provided for him as protection against accident.</p>