Wise v. Lillie

Citations

• 84 Kan. 86
• 113 P. 403
• 1911 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>JL. Master and Servant — Injury to Employee — Joint Undertaking. A contracted „ with B, a salt company, to erect an evaporator system, twenty-five per cent to be paid down, the remainder after its installation and meeting a required test; if not successful, to be removed at'A’s expense and the twenty-five per cent refunded; the apparatus to be placed on foundations furnished by B, all other labor.to be furnished by B. A was to put an expert in charge of the operation of the evaporator system until the test was successfully made. B employed appellee to take instructions from the expert so that he could learn how to operate the plant if accepted, •and he was introduced for that purpose to the expert, who for six days directed appellee what to do respecting the operation of the system, when, by the bursting of a boiler therein, appellee was injured. Held, that appellee was a servant of A, to whom A owed ordinary care.</p> <p>2. - Continuing Duty of the. Master — Inspection of Machinery. An instruction that it was the continuing duty of A to use ordinary care to provide appellee with a safe place in which to work and with safe machinery and appliances, and to make such inspection as a person of ordinary care would under like circumstances, .upheld, although it was testified on behalf of A that it was not customary to inspect boilers after they had been shipped by reputable manufacturers, except by pressure, as was done in this case.</p> <p>•'3. Evidence — Expert Testimony — Province of the Jury. A witness experienced in handling boilers was asked whether “after having examined the door of this boiler A, and the door after this accident, you can say from your knowledge and experience in the handling and using of. boilers if a man in the exércise of reasonable and ordinary precaution could have told this boiler was defective in any way?” to which an objection was sustained. Held, that the question did not call for expert evidence save in t