Whetzell v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 105 Kan. 289
• 182 P. 409
• 1919 Kan. LEXIS 71

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Dangerous Place to Work — Contributory Negligence. The rule is followed that a workman ordered into a place of danger and injured is not, by obeying such order, guilty of contributory negligence, unless the danger is so plain that no prudent man would encounter it. •</p> <p>2. Same — Pleadings. The allegations of the pleading involved herein do not, as against a demurrer, show a fatal lack of prudence on the part of the workman, but present a question for determination by a jury.</p>