Seeds v. American Bridge Co.

Citations

• 68 Kan. 522
• 75 P. 480
• 1904 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Irregular Judgment Set Aside. If the special findings are such as to require the entry of a judgment thereon, notwithstanding the general verdict, a judgment entered upon such general verdict is irregular and as such may be set aside at a subsequent term of court.</p> <p>2. General Verdict — When Overthrown by Special Findings. All the elements which go to make up a plaintiff’s right of recovery are found in his favor by a general verdict for him. And before special findings will avail to overthrow the general verdict they must have determined all those elements against his right of recovery.</p> <p>3. Master and Servant — Assumption of Kisk — Knowledge of Danger. Before it can be said that an employee has assumed the risks of an employment, it must be shown that he knew, or had reasonable opportunity of knowing, what those risks were; that is, he must not only know or have reasonable opportunity of knowing the dangerous conditions, but he must know or have reasonable opportunity of knowing the danger growing out of those conditions.</p>