Tramel v. Armour Packing Co.

Citations

• 88 Kan. 730
• 129 P. 1174
• 1913 Kan. LEXIS 410

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries—Slippery Floor—Fall of Ladder—Negligence. Where the floor of a department of a packing house is made of asphalt in order that it may be smooth and waterproof, so that it can be kept in a clean and sanitary condition, and this purpose would be defeated by the presence of spikes in ladders used therein, the furnishing for use in such department of ladders not so equipped can not be regarded as negligence.</p> <p>2. - Same. The fact that spikes are attached to ladders furnished for use in other departments having soft floors does not warrant an employee in assuming, without examination, that a ladder found in a department where the floor is of asphalt is similarly equipped.</p> <p>3. Contributory Negligence—Shilled Employee. A skilled mechanic who uses a ladder in a way which he knows to be ' dangerous unless it is equipped with spikes, without making any effort to ascertain whether the spikes are there, can not recover from his employer on account of injuries occasioned by their absence.</p>