Greco v. Western States Portland Cement Co.
Supreme Court of Kansas
Appeal from Montgomery district court. STATEMENT. The plaintiff, a young man nineteen years of age, while in the employ of the defendant received injuries which he claimed were caused by the defendant’s negligence. He recovered a judgment of $3800, from which the defendant appeals. At the time the plaintiff was injured he was at work in what is called the “dry room,” and was sweeping the floor.
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Appeal from Montgomery district court. STATEMENT. The plaintiff, a young man nineteen years of age, while in the employ of the defendant received injuries which he claimed were caused by the defendant’s negligence. He recovered a judgment of $3800, from which the defendant appeals. At the time the plaintiff was injured he was at work in what is called the “dry room,” and was sweeping the floor. In the center of the floor there was a trough three feet wide and eighteen inches deep, of concrete, the same material of which the floor was constructed. In this trough was a conveyor, consisting of a…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The main contention is that the negligence of which the jury found the defendant guilty is not alleged in the petition nor within the issues defined by the court in its instructions to the jury; and it is claimed that the court should have set aside the general verdict and rendered a judgment in favor of defendant on the findings, or at least should have granted a new trial.
There is force in the claim that the particular negligence found by the jury is not included in the three claims of negligence specified by the court in that portion of…
2Cases cited4 opinions
- Newby v. MyersSupreme Court of Kansas · 1890
- Telle v. Leavenworth Rapid Transit Railway Co.Supreme Court of Kansas · 1893
- Brown v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1898
- Southern Kansas Railway Co. v. GriffithSupreme Court of Kansas · 1894
3Cited by4 opinions
- Southwest Cotton Co. v. PopeArizona Supreme Court · 1923
- W. L. Hulett Lbr. Co. v. Bartlett-Collins Co.Supreme Court of Oklahoma · 1952
- Verde Tunnel & Smelter Railway Co. v. StevensonArizona Supreme Court · 1921
- Zimprich v. ComanNorth Dakota Supreme Court · 1931