Report Volume 31-32 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ... The George K. Mackie Fuel Company, Appellant. (94 Kan. 626.) SYLLABUS BY THE COURT. Coal Mine--Explosion of Gas--Personal Injuries--Plaintiff's Evidence Should Have Gone to the J%vry. In an action to recover for injuries caused by a gas explosion in a coal mine, under sections 4986, 5005 and 5006 of General Statutes of 1909, relating to the inspection, ventilation and safety of mines, the testimony on behalf of the plaintiff tended toshow the presence of standing gas and lack of inspection and ventilation, although portions of such evidence indicated only the presence of temporary gas encountered in cutting through horsebacks. A demurrer to the plaintiff's evidence was sustained, but after further consideration this order was set aside and a new trial was granted. Such later order is held proper. Appeal from Cherokee district court; Edward E. Sapp, judge. Opinion filed March 6, 1915. Affirmed. Florence Estella Wade, Appellant, v. The Empire District Electric Company, Appellee. (94 Kan. 462.) SYLLABUS BY THE COURT. 1. ELECTRIC Wires--Suspended Over Highway--Highest Degree of Care Required of Electric Companies. Electric companies that suspend wires charged with a high voltage of electricity over or along the highway are required to exercise the highest care in constructing and maintaining their poles and wires so as to avoid injury to those using the highway for work, business and pleasure. 2. Same--Moving Mining Derrick--Death of Workman--Evidence Did Not Show Contributory Negligence as a Matter of Law. A workman who was moving a mining derrick along a highway, a lawful and recognized use, found his passage obstructed by wires of the size and appearance of those used in telephone service suspended about nineteen feet above the ground, while the derrick he ...