White v. Berkson Bros. Cloak & Suit Co.

Citations

• 106 Kan. 239
• 187 P. 670
• 1920 Kan. LEXIS 494

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Falling over Step Against Door — Liability of Employer for Negligence. In the absence of something exceptional in the surroundings and conditions, a liability for negligence on the part of an employer cannot be founded merely upon the existence of a step, which might have been avoided by the employment of a different construction, in a passageway or walk or entrance to a building, where his employees pass and repass.</p> <p>2. Same — Trial—Evidence of Stibsequent Repairs. ‘Although evidence of subsequent repairs is admissible in a personal-injury ease where an issue of fact is presented as to whether suffering the existence of certain conditions amounted to negligence, yet if there is otherwise no basis for submitting that issue to the jury, the lacking ingredient cannot be thus supplied.</p> <p>3. Same — Evidence of Other Injuries at Same Place. The same is true of evidence of other injuries than that sued for having occurred at the same place.</p> <p>4. Same — Certain Evidence — No Basis for Liability. In an action by an employee for injuries occasioned by his stumbling upon a step, the fact that he had been requested by his employer to lose no time cannot form a basis for liability.</p> <p>5. Same. Where an employee stumbled upon a step as he was about to • open a door to pass through, and fell against a glass panel, breaking it and receiving severe cuts, liability of the employer cannot be based on a defective condition of the latch which prevented the opening of the door.</p> <p>6. Same. A ruling that negligence in failing to give the plaintiff notice of a change in the construction of a walk was not involved because not pleaded, held not to be open to objection.</p>