Reynolds v. New Century Mining Co.

Citations

• 90 Kan. 208
• 133 P. 844
• 1913 Kan. LEXIS 193

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Mining Company — Duty to Provide Safe Place for Employees to Work. It is the duty of a mining company to exercise ordinary diligence to keep the roof of its mine reasonably safe for its laborers. This duty requires inspections with such care and frequency as reasonable prudence demands in the conditions existing.</p> <p>2. - Same. The evidence is examined and held sufficient to support a finding that the defendant was negligent in failing to properly examine and prod the roof of a zinc mine from which a boulder fell and injured the plaintiff, a laborer therein.</p> <p>3. Witness — Cross-examination—Not Error. A witness who had procured a statement from the plaintiff of his injuries, having testified in direct examination that he was acting at the instance of an attorney, was asked whom the attorney represented, and answered “the insurance company.” This answer was within the reasonable limits of cross-examination.</p> <p>4. Trial — Instructions Urging Importance of Making True Findings. An instruction which impresses upon the jury the importance of making true findings of fact from a candid consideration of the evidence is not prejudicially erroneous because it included a statement that a mistake of law may be corrected by the court while a mistake in a finding of fact upon conflicting evidence can not be corrected and other findings substituted.</p>