Smith v. Marion Fruit Jar

Citations

• 84 Kan. 551
• 114 P. 845
• 1911 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Injury to Child — Attractive Nuisance. Evidence that a boy thirteen years of age was fatally injured by putting his hand in contact with a power fan maintained in an unguarded condition in connection with a factory, at a place accessible from the outside, where children were permitted to play, justifies a finding of actionable negligence on the part of the owner.</p> <p>2. - Contributory — Proximate Cause. In an action by a father for the negligent death of his son while employed' in a factory, the fact that he consented to such employment is not a bar to a recovery, notwithstanding it was his duty under the statute to have had his son at school.</p>