Tarin v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 98 Kan. 605
• 158 P. 874
• 1916 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Duty of Master to Provide Safe Appliances. In this state a railroad company is required to use ordinary care to provide for its track layers simple tools like sledge hammers free from defect.</p> <p>2. Verdict and Findings — Negligence—Evidence—Findings—Inconsistency. The testimony showed that the hammer which caused the plaintiff’s injury was so battered and misshapen as necessarily to have required some considerable continued use to bring about such condition. There was evidence of repeated complaints and promises to furnish proper tools. Held, that the general verdict should not be set aside and judgment entered on the special findings because the jury in answer to a question as to how long the defect had existed replied, “No evidence as to how long face was defective.”</p> <p>3. Same — Duty of Court to Harmonize, if Possible. Rule followed that the findings should not control the general verdict unless the inconsistency between the two compel such result.</p>