Seward v. Kaw Valley Ice & Cold Storage Co.

Citations

• 89 Kan. 344
• 131 P. 568
• 1913 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Dangerous Machinery — Inexperienced Employee —No Warning Given. Where a lever, designed for use in starting a drive wheel when it has stopped on a dead center, is so attached that if used while the wheel is in motion it may become dangerous to the person using it, and the custom has been for the engineer to turn on steam to aid in the operation, the question whether, in the exercise of reasonable care, the employer ought to warn an inexperienced employee of such danger before directing him to operate the lever, is ordinarily one of fact tb be determined under all the circumstances of the case.</p> <p>2. - Same. Where an injury has occurred through the omission of such a warning, when it ought to have been given, a recovery on account thereof can not be defeated by a showing that it was negligence for the engineer, being a fellow servant, to turn on steam while the lever was being operated by the inexperienced employee.</p>