Darbe v. Crystal Ice & Fuel Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injuries to plaintiff caused by defendant’s negligence. Plaintiff prevailed, and defendant appeals.

This is a second appeal. The general nature of the controversy is sufficiently disclosed in the former opinion (Darbe v. Crystal Ice & Fuel Co., 129 Kan. 727, 284 Pac. 596). At the first trial, two grounds of negligence were relied on, defective ice tongs, and failure of defendant to warn plaintiff of the danger attending the handling with tongs of ice of a certain kind which plaintiff was delivering…