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>
Judges: Mason, Porter
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- Corpora v. Kansas City Public Service Co.Supreme Court of Kansas· 1930-02-08· cited 45×
- Echord v. RushSupreme Court of Kansas· 1927-12-10· cited 42×
- White v. Kansas City Stock Yards Co.Supreme Court of Kansas· 1919-01-11· cited 33×
- Winkelman v. Boeing Airplane Co.Supreme Court of Kansas· 1949-03-05· cited 25×
- Moore v. Lumbermen's Reciprocal Ass'nTexas Commission of Appeals· 1924-02-27· cited 24×
- Blackburn v. Coffeyville Vitrified Brick & Tile Co.Supreme Court of Kansas· 1920-11-06· cited 24×
- Hoag v. Kansas Independent Laundry Co.Supreme Court of Kansas· 1923-05-12· cited 24×
- Barker v. Shell Petroleum Corp.Supreme Court of Kansas· 1931-04-11· cited 23×
- Kauffman v. Co-Operative Refinery Assn.Supreme Court of Kansas· 1950-12-09· cited 21×
- Leamos v. Wilson & Co.Supreme Court of Kansas· 1932-12-10· cited 14×
- Neal v. Boeing Airplane Co.Supreme Court of Kansas· 1946-04-06· cited 10×
- Chance v. Reliance Coal & Mining Co.Supreme Court of Kansas· 1920-12-11· cited 9×
- Mathis v. Ash Grove Lime & Portland Cement Co.Supreme Court of Kansas· 1928-12-08· cited 7×
- Kansas City Fibre Box Co. v. ConnellEighth Circuit· 1925-03-25· cited 6×
- In re the Marriage of SchuhsCourt of Appeals of Kansas· 1994-11-04· cited 5×
- Dodge v. Precision Construction Products, Inc.Supreme Court of Vermont· 2003-02-14· cited 4×
- Monson v. BattelleSupreme Court of Kansas· 1918-07-06· cited 3×
- Wright v. KeithSupreme Court of Kansas· 1932-11-05· cited 3×
- Hartsfield v. Anchor Casualty CompanyCourt of Appeals of Texas· 1964-10-08· cited 2×
- Felmet v. BarbreSupreme Court of Oklahoma· 1940-10-29· cited 2×
Cites
4 cases in this archive are cited by this case.
- Bevard v. Skidmore-Patterson Coal Co.Supreme Court of Kansas· 1917-06-09· cited 30×
- Powers v. SumblerSupreme Court of Kansas· 1910-07-09· cited 18×
- Sedlock v. Carr Coal Mining & Manufacturing Co.Supreme Court of Kansas· 1916-07-08· cited 18×
- Hicks ex rel. Hicks v. Swift & Co.Supreme Court of Kansas· 1917-11-10· cited 14×
Other cases named Monson v. Battelle
1 other CourtListener record shares this case name.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.