Hovis v. Cudahy Refining Co.

The opinion of the court was delivered by

Marshall, J.:

This is a suit for damages on account of a personal injury sustained by the plaintiff on October 7, 1912, while employed by the defendant in its plant at Coffeyville, Kan. The plaintiff secured judgment for $2999. The defendant appeals.

The petition alleges three grounds of negligence; first, in furnishing a diamond-point chisel which was not in a reasonably safe condition; second, in failing to furnish competent fellow workmen; third, in not warning plaintiff of the dangers incident to the work in which he was engaged.

The evidence tends to…