Schwarzschild & Sulzberger v. Drysdale

Citations

• 69 Kan. 119
• 76 P. 441
• 1904 Kan. LEXIS 219

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant—Personal Injuries—Assumption of Bisk. A servant who, upon going to his work, enters for the first time a passageway maintained by his master as a means of access to such work, and finds it to be insufficiently lighted, may, if he have no knowledge of any peril, proceed with caution without assuming the risk of injury from a hatchway negligently left open in the floor.</p> <p>2. - Concurring Negligence. If an injury result to a servant from the concurring negligence of his master and a fellow servant the master will be liable.</p> <p>3. -Evidence of Previous Accident—Proper Cross-examination. In an action by a servant against his master for personal injuries negligently inflicted, testimony properly elicited as a part of a legitimate cross-examination of one of the master’s witnesses may not be excluded merely because it tends to establish a previous accident at the same place.</p>