Warfield v. Morgan

Citations

• 86 Kan. 524
• 121 P. 489
• 1912 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Factory Act” — Guarding Machinery — Expert Evidence-Competent. In an action to recover damages under the factory act it is error to exclude the opinions of experts familiar with the character and operation of the machinery involved, as to whether it was practicable to guard such machinery, when the knowledge of such witnesses is superior to that possessed, and gained by the jury from the facts shown on the trial.</p> <p>2. Negligence — “Factory Act” — Common-law Liability- — Instructions. When the petition is drawn under the factory act. and also under the common law, and the answer in addition to a general denial pleads contributory negligence, assumption of risk and impracticability of guarding the machinery, it is error in stating the issues to instruct, over objection, merely that the answer denies each and every material allegation of the petition.</p>