Orr v. Ellsworth-Klaner Construction Co.

Citations

• 96 Kan. 713
• 153 P. 526
• 1915 Kan. LEXIS 475

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Unsafe Place to Work — Negligence—Personal Injuries — Employer’s Duty and Liability. The plaintiff sought to recover damages from his employer and another employee for injuries suffered while he was repairing the machinery of his employer, based on the negligence of the employee, who was an engineer, in starting the machinery while plaintiff was engaged in repairing it, and also on the negligence of his employer in failing to furnish him a safe place to work or to give him such warning as would enable him to reach a place of safety before the machinery was put in operation. The jury found that the engineer, who started the machinery on signals given by others and did not see or know that plaintiff was at work upon the machinery, was not liable for the injury suffered by the plaintiff, but also found that the employer whose duty it was to furnish plaintiff a safe place to work and to keep it safe was culpably negligent and responsible for the damages sustained. Held, that the finding of the jury that the engineer was not negligent does not necessarily exonerate the employer from liability for nonperformance of the positive duties of a master towards the plaintiff, and that the evidence in the case justified the jury in returning a verdict against the employer.</p>