Riverside Iron-works Co. v. Green
Supreme Court of Kansas
Error from Wyandotte district court; J. McCabe Moore, judge. STATEMENT. A span of the Kansas City Southern Railroad bridge crossing the Kansas river was washed from its piers by the flood of 1908. The Riverside Iron-works Company was engaged in replacing it. In so doing the company employed a number of workmen—some iron-workers and some painters. Green, the plaintiff, was one of the painters.
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Error from Wyandotte district court; J. McCabe Moore, judge. STATEMENT. A span of the Kansas City Southern Railroad bridge crossing the Kansas river was washed from its piers by the flood of 1908. The Riverside Iron-works Company was engaged in replacing it. In so doing the company employed a number of workmen—some iron-workers and some painters. Green, the plaintiff, was one of the painters. The painters would climb about the span, which was of steel, and, as it was elevated above the water, .would scrape off the old paint, and put new paint on its various parts from day to day. In going to…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
This action was brought against the Riverside Iron-works Company and one Hedrick, the foreman of the company. The negligence complained of was in placing and maintaining the plank to be used as a gangway without permanently fastening it so that it could not move or shift in being so used, and in failing to provide any guard- or hand-rail for the protection of workmen in crossing the gangplank. The defense was a general denial, assumption of risk, and negligence of coemployees. The reply was a general denial.
At the close of the plaintiff’s…
2Cases cited9 opinions
- Doremus v. RootWashington Supreme Court · 1901
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- City of Emporia v. KowalskiSupreme Court of Kansas · 1903
- Morbach v. Home Mining Co.Supreme Court of Kansas · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blackmore v. AuerSupreme Court of Kansas · 1960
- Lively v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1924
- Fishburn v. International Harvester Co.Supreme Court of Kansas · 1943
- Barker v. Kansas City, Mexico & Orient Railway Co.Supreme Court of Kansas · 1913
- Smith v. Massey-Ferguson, Inc.Supreme Court of Kansas · 1994
7 more not listed; retrieve them via the Exa API.