Schwarzschild & Sulzberger Co. v. Weeks

Citations

• 72 Kan. 190
• 83 P. 406
• 1905 Kan. LEXIS 330

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Employee — Negligence of the Master. In an action by a servant against the master for negligence, where the negligent act is in violation of a positive duty which the master owes to the servant, that becomes the controlling fact in determining the master’s liability; and where the negligence of the master is the proximate cause of the injury the master will be held liable, notwithstanding the negligence of the master may have been set in operation by the act of one who otherwise might be held to be a fellow servant.</p> <p>2. -Duty of Master. The master owes to the servant the duty to take reasonable precautions to protect the servant from injury.</p> <p>3. -Proximate Cause. Negligence is the proximate cause of an injury when it appears that “the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.”</p>