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Riverside Iron-Workers Co. v. Green

Kansas Supreme Court
100 P. 482 (1909)


Facts

George Green (plaintiff) was a painter working on a bridge for Riverside Iron Works Co. (Riverside) (defendant). Prior to this incident, Green worked as a construction painter and was accustomed to working on scaffoldings at high elevations. Green had been working on the bridge for 10 days, and every day he used a plank as a gangway. The gangplank was supported on one end with steelwork but was completely exposed on the other end. Anyone passing on the plank would see it was not permanently fastened to prevent it from moving and would immediately recognize the danger. One day, Green was injured as a result of the unfastened plank. He brought suit against his employer for negligence. Riverside brought up assumption of risk as a defense. The trial court found for Green and awarded him damages.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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