Stevens v. Missouri, Kansas & Texas Railway Co.

Citations

• 84 Kan. 447
• 113 P. 398
• 1911 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Employee — Notice of Defect in Appliance — Pleading. Where, in an action for damages, it is alleged in the petition that the plaintiff was injured by a defect in an appliance, which he was in duty bound to operate, and that the defendant had knowledge of the defect, or in the exercise of reasonable care should have known of the defect, and that the plaintiff had no knowledge thereof, it is not essential to the plaintiff’s cause of action that he allege that he could not, in the exercise of reasonable care, have acquired knowledge thereof.</p> <p>2. - Contributory Negligence — Defensive Matter. In such case, if the contributory negligence of the plaintiff is relied upon as a defense, it devolves upon the defendant to allege and prove it.</p>