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· 5/11/1912

Raines v. Stone

Citations

  • 87 Kan. 116
  • 123 P. 871
  • 1912 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Factory Act” — Injuries—Damages—Owner—Independent Contractor. Under the findings the person in direct charge of the factory herein involved is held to have been the foreman and agent of the owner and not an independent contractor, and the owner, who retained control of the workmen and the work, is liable for an injury to an employee resulting from the failure to safeguard the machinery as the statute requires, and also for neglecting to warn or instruct the employee as to the dangers of a defective machine of which the injured employee was ignorant.</p> <p>2. - Definitions — Construction of Statute. The factory act (Gen. Stat. 1909, §4676 et seq.) contains its own definitions of the mills and manufacturing establishments which come within its provisions, and the meaning of these expressions is not affected by the restricted definitions of like terms in the act creating a state society of labor and industry, being sections 8015-8025 of the General Statutes of 1909.</p>

Judges: Johnston

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