Taylor v. Atchison Gravel, Sand & Rock Co.

Citations

• 90 Kan. 452
• 135 P. 576
• 1913 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Powder Explosion — Negligence—Facts Warrant a Recovery. Evidence tending to show the following facts is held to authorize a recovery; In the operation of a quarry a small charge of powder was exploded in a drilled hole, for the purpose of enlarging it so that it would receive a larger quantity. The custom was in such circumstances for the superintendent to test the hole to be sure that no fire remained in it before it was loaded for blasting. The plaintiff was directed by the superintendent to load this hole, and was told that it was safe. He knew the custom and believed the test had been made. Relying on this belief, he attempted to load the hole. The powder exploded and he received the injuries on account of which he sued.</p> <p>2. Trial — Instructions—Not Prejudicial. It is held that no prejudicial error is shown in the giving or refusal of instructions.</p>