Smith v. Bowersock

Citations

• 95 Kan. 96
• 147 P. 1118
• 1915 Kan. LEXIS 173

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — From Order Overruling Motion for New Trial — Appeal within Six Months. An appeal may be taken from an order overruling a motion for a new trial within six months after the order is made although more than that time has intervened between the entry of judgment upon the return of the verdict and the taking of the appeal, and all rulings and questions that were open for consideration on the motion for a new trial are open for review on the appeal.</p> <p>2. Pleadings — Appointment of Administratrix Not Put in Issue by Answer. The appointment of the plaintiff as administratrix, alleged in a petition, is not put in issue by an answer denying that the plaintiff has capacity to sue and a verification alleging that the facts stated in the answer are true.</p> <p>3. Factory Act — Personal Injuries — To What Class of■ Employees Factory Act Applies — Safeguarding Machinery. All persons employed or laboring in a manufacturing establishment are entitled to the protection provided for in the factory act (Laws 1903, ch. 356, Gen. S'tat. 1909, §§ 4676-4683) without regard to the nature of their employment, their rank or grade, and it is the duty of the owner or operator to furnish safeguards for dangerous machinery where it is practicable to do so, and if he fails in his duty in this respect he will become liable for the injury and death of any employee, including a superintendent of the factory, which results from the omission of this duty, and this although the superintendent was authorized to direct and control the details of the business under the supervision of the owner and operator and his managers and although the dangerous character of the machinery and the practicability of safeguarding it was open and, obvious; and it is further held, under the evidence in..this case, that there is nothing in the relations of the parties or the circumstances of the case to absolve the defendant from liability for the death of the superintenden