Malone v. Jones

The opinion of the court was delivered by

Benson, J.:

Upon rehearing, the opinion in this case reported in 91 Kan. 815, 139 Pac. 387, is criticised in an able and elaborate argument in behalf of the defendants. It is asserted that they owed no duty to the plaintiff except the duty not to wantonly or willfully injure him. The district court instructed the jury that the defendants, employing the plaintiff, might be held for damages caused by their negligence in furnishing unwholesome food; that is, for failure to exercise ordinary and reasonable care. The divergence between the instruction and…