Patterson v. Cole ex rel. Cole

Citations

• 67 Kan. 441
• 73 P. 54
• 1903 Kan. LEXIS 272

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Duty of Master — Personal Injury. It is the duty of an employer to give careful instructions and warnings to a youthful and inexperienced employee oí unusual and hidden danger incident to the work engaged in, of which the employer is aware, and of which the employee, to the employer’s knowledge, is ignorant.</p> <p>2. -Finding against Master Sustained. A finding that an employer directed a boy engaged in his service to assist in starting an engine cannot be said to be without support although no word of direction was actually spoken, where there is testimony that two persons usually assisted in the starting of the engine-wheel, and that the employer took hold of the wheel when he was ready to start it and looked first at the boy and then at the wheel in such a way as to indicate to the boy that he desired his help, and that, although looking directly at the boy when he took hold of the wheel, he did not warn him to desist or to get out of the way of danger.</p> <p>3. Evidence — Physician and Patient, A physician was employed to attend a patient who had suffered a personal injury. Afterward the family physician came and practically took charge of the case. Later, and within a few hours, the physician first called again visited the patient, but administered no treatment. On this visit a statement was made to him by the patient as to the cause of the injury. The physician stated that he did not then regard himself as an attending physician. He had not been ■discharged; and the patient, on the other hand, stated that he did regard the doctor as his physician. Held, that the exclusion of the statement because it was privileged was not error.</p>