Nelson Vitrified Brick Co. v. Mussulman

Citations

• 78 Kan. 799
• 99 P. 236
• 1908 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Injury to Employee — Assumption of Bisk —Contributory Negligence. An employee of a brick manufacturer was killed by a wall in course of construction falling upon him. His widow sued to recover damages, alleging negligence of the defendant in the construction of the wall, whereby the place in which the employee worked became unsafe.' The defense was based mainly upon an alleged assumption of risk by the employee, and upon his contributory negligence. The jury found- for the plaintiff upon both of these matters. Held: (J) That the findings of the jury approved by the district court, if sustained by competent evidence, must stand; (2) that the findings were sustained by the evidence; (3) that a demurrer to the evidence was properly overruled.</p>