Thorn v. Edgar Zinc Co.

Citations

• 106 Kan. 73
• 186 P. 972
• 1920 Kan. LEXIS 455

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Compensation Act — Feeding Ore Crusher — Injuries — Workman Not Guilty of Willful Negligence. A workman was engaged in feeding ore into a crusher. A fragment of ore or a scrap of iron caught between the rollers and stopped them. He undertook to remove it with a small stick, which was drawn between the rollers, lacerating his forefinger. He had been provided with a long-handled maul with which to break pieces of the ore which were too large, and a rule with which he was familiar directed that in case the rollers became choked he should shut down the machinery, a switch for that purpose being located some thirty feet away. Held, that he cannot be said to have failed to use a guard and protection against accident furnished him by his employer, within the meaning of the provision of the compensation act which makes such conduct, if willful, a bar to a recovery.</p>