Madison v. Clippinger
Supreme Court of Kansas
Error from Wyandotte district court; J. McCabe Moore, judge. STATEMENT. The plaintiff in error, by his next friend, brought this action in the district court of Wyandotte county against the defendants, as copartners, to recover damages for injuries which he received in operating a ripsaw in the defendants’ factory.
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Error from Wyandotte district court; J. McCabe Moore, judge. STATEMENT. The plaintiff in error, by his next friend, brought this action in the district court of Wyandotte county against the defendants, as copartners, to recover damages for injuries which he received in operating a ripsaw in the defendants’ factory. The case was tried to a jury, who returned a verdict in favor of the defendants, and, after denying the plaintiff’s motion for a new trial, the court rendered judgment against the plaintiff for costs.
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Three assignments of error are based upon the exclusion of evidence offered by the plaintiff: (1) The refusal to allow in evidence a certain model of a patented device for safe-guarding saws like the one used; (2) excluding testimony that it was practicable safely to guard the rip-saw; (3) excluding testimony as to the danger of sawing a board with a “seasoned crack.”
Assuming that it was practicable safely to guard the rip-saw in question, and that the exhibition of the model and the excluded testimony would have tended to establish that…
2Cases cited2 opinions
- Kansas City, Ft. Scott & Gulf Rld. v. McHenrySupreme Court of Kansas · 1880
- Creamery Package Manufacturing Co. v. DanielsSupreme Court of Kansas · 1905
3Cited by8 opinions
- Caspar v. LewinSupreme Court of Kansas · 1910
- Fowler Packing Co. v. EnzenpergerSupreme Court of Kansas · 1908
- Quapaw Mining Co. v. CogburnSupreme Court of Oklahoma · 1920
- Western Furniture & Manufacturing Co. v. BloomSupreme Court of Kansas · 1907
- Little v. Norton Coal Co.Supreme Court of Kansas · 1910
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