Terleski v. Carr Coal Mining & Manufacturing Co.

Citations

• 103 Kan. 89
• 173 P. 8
• 1918 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — High Grade of Dynamite — Explosion—Loss of Eyesight. A recovery was sought because the defendant furnished to a miner a higher and more sensitive grade of dynamite for blasting purposes than it was represented to be, with the result that while the miner was treating it as of a lower grade there was an explosion which destroyed his sight. Held, that the finding of the jury to the effect that the defendant furnished the plaintiff a higher grade than was called for is supported by sufficient evidence.</p> <p>2. Same — Aggravated Damages. The finding that aggravated damages were not proven renders an assignment of error in respect to the submission of that question to the jury immaterial;</p>