Legal Opinion

Hutchinson Lumber & Planing-mill Co. v. Baker

Supreme Court of Kansas

Decided June 9, 1906No. 14,639PublishedCited by 3 opinions

Error from Reno district court; 'Peter J. Galle, judge. STATEMENT. Plaintiff in error was engaged in the contracting business and had a number of men at work repairing a large coal-shed belonging to the Hutchinson Water, Light & Gas Company. The coal-shed having been overloaded with coal, the walls had spread and left the foundation at the sides, and the roof sagged down.

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Error from Reno district court; 'Peter J. Galle, judge. STATEMENT. Plaintiff in error was engaged in the contracting business and had a number of men at work repairing a large coal-shed belonging to the Hutchinson Water, Light & Gas Company. The coal-shed having been overloaded with coal, the walls had spread and left the foundation at the sides, and the roof sagged down. Defendant in error was in the employ of Henry Shears, who had a separate contract for the brick piers of the foundation. In order to get the walls back upon the foundation it was necessary to raise the roof. Plaintiff in…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

The principal contention is that the petition of the defendant in error set up a specific act of negligence and the recovery was had upon another and entirely different act of negligence. The petition alleged that Wagner, foreman of plaintiff in error, “negligently and carelessly, with jacks and braces, pushed the north wall of said building in at the bottom, thus slightly raising the roof or plates on which the roof rested and which were resting on the upright timbers as aforesaid, and thus loosening the tension and letting one of said…

2Cases cited4 opinions

  1. Telle v. Leavenworth Rapid Transit Railway Co.Supreme Court of Kansas · 1893
  2. Brown v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1898
  3. Southern Kansas Railway Co. v. GriffithSupreme Court of Kansas · 1894
  4. St. John v. BerrySupreme Court of Kansas · 1901

3Cited by3 opinions

  1. Martin v. City of ColumbusSupreme Court of Kansas · 1914
  2. Davis v. SimSupreme Court of Kansas · 1917
  3. Altwein v. Metropolitan Street Railway Co.Supreme Court of Kansas · 1912

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