Pilgrim v. Verdigris Valley Brick & Tile Co.

Citations

• 82 Kan. 114
• 107 P. 554
• 1910 Kan. LEXIS 203

Syllabus

<p>.SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Employee — Proof of Negligence — Duty of Master — Proximate Cause. In an action by the next of kin of a deceased against an employer for damages consequent to the death, which occurred from injuries received while the decedent was laboring for the employer, it devolves upon the plaintiff to allege and establish by evidence that the injury occurred through the omission of some duty which the master owed to the employee and that such omission was the proximate cause of the injury.</p> <p>2. - Demurrer to Evidence. When upon the trial of such a case the plaintiff has introduced his evidence and rested his case, and has failed prima facie to establish such facts, an order sustaining a demurrer to his evidence is proper.</p>