Monson v. Battelle

Citations

• 102 Kan. 208
• 170 P. 801
• 1918 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Assignment of Judgment. The question whether an injured workman may assign a judgment under the workmen’s compensation act to a trustee for the benefit of his children, considered but not determined.</p> <p>2. Same — Lump Sum Judgment — Death of Employee — Revivor of Judgment. A lump sum judgment in favor of an injured workman under the workmen’s compensation act, although the statute forbids its assignment, does not abate by his death, but may be revived in the name of an administrator.</p> <p>3. Same — Injury Occurred on Premises of Employer. The evidence in an action under the compensation statute held to support a finding that the plaintiff was injured on the premises where he was employed, by having to wade through flood water which had overflowed the defendant’s car works; an old wound on his foot being thereby infected, requiring an amputation.</p> <p>4. Same — Injury “By Accident.” Such an injury is one “by accident,” within the meaning of the phrase as used in the statute.</p> <p>5. Same — Injury Arose “In Course of Employment.” Such an injury is one arising out of and in the course of the plaintiff’s employment, within the meaning of the statute.</p> <p>6. Same — Hypothetical Question. Objections to the form of a hypothetical question held not to justify a reversal.</p> <p>7. Same — Petition for New Trial — Proceeding on Appeal. ‘ The situation held not to require a withholding of the determination of the case by this court to give opportunity for a hearing on a petition for a new trial.</p>