Kansas Buff Brick & Manufacturing Co. v. Stark
Supreme Court of Kansas
Error from Wilson district court; Leander Still-well, judge. STATEMENT. This was an action brought by Eli Stark and Mary M. Stark, husband and wife, against the Kansas Buff Brick and Manufacturing Company, to recover damages for the death of their son, Arthur, who was killed while in the employ of the company. Plaintiffs recovered a judgment, and the company brings the case here for review.
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Error from Wilson district court; Leander Still-well, judge. STATEMENT. This was an action brought by Eli Stark and Mary M. Stark, husband and wife, against the Kansas Buff Brick and Manufacturing Company, to recover damages for the death of their son, Arthur, who was killed while in the employ of the company. Plaintiffs recovered a judgment, and the company brings the case here for review. The action was founded upon chapter 356 of the Laws of 1903, portions of which are as follow: “All . . . belting, shafting, . . . and machinery of every description used in a manufacturing establishment…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The jury, in answer to special questions, found that it was practicable to box, or safeguard, the machinery in question, that the company was negligent in failing to do so, and that such negligence was the proximate cause of the injury.
The defendant alleged error in the refusal of the court to sustain its demurrer to the evidence, in denying its motion for judgment, and in denying a new trial. It further insists that the negligence of the deceased directly contributed to the injuries from which he .died, and that the proximate cause of the…
2Cases cited4 opinions
- Western Furniture & Manufacturing Co. v. BloomSupreme Court of Kansas · 1907
- Cummings v. Wichita Railroad & LightSupreme Court of Kansas · 1904
- Madison v. ClippingerSupreme Court of Kansas · 1906
- Chicago Rock Island & Pacific Railway Co. v. LeeSupreme Court of Kansas · 1903
3Cited by3 opinions
- Cheek v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
- Lewis v. Barton Salt Co.Supreme Court of Kansas · 1910
- Ragland v. Watkins National BankSupreme Court of Kansas · 1930