Stewart-Peck Sand Co. v. Reyber

Citations

• 66 Kan. 156
• 71 P. 242
• 1903 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT,</p> <p>Personal Injuries — Accident on River — Insufficient Defenses. Where a sand company navigating a line of steamboats upon a river agrees with a bridge company that is intending to bridge the river that if the latter, in its temporary work, will leave an opening of a certain width between its pilings it will navigate its boats through such opening, and the opening is left, and the sand company navigates its boats through such opening for some weeks, but, thereafter, with knowledge of all facts and without previous notice or excuse, runs one of its boats past the structure at a place other than that left for it and so close to the shore as to break the guy-ropes supporting a large derrick in use in erecting the bridge, causing it to fall upon, and injure, one of the employees on the bridge, it is no defense, in an action by such employee, that the river is navigable and the bridge company had not secured permission from the secretary of war.</p>