Lindsay v. Halstead Milling & Elevator Co.
Lindsay v. Halstead Milling & Elevator Co.
Opinion of the Court
The opinion of the court was delivered by
The plaintiff, under the workmen’s compensation law, recovered judgment for the death of her husband, David E. Lindsay, alleged to have been caused by an injury sustained by him while in the defendant’s employ. The defendant appeals. The contest was over the cause of Lindsay’s death.
The first question argued by the defendant is that' “there was no competent evidence offered to pr.ove that the deceased’s death was caused by an injury, and the demurrer of the defendant to the evidence of the plaintiff should have been sustained.” The only evidence which tended to prove that Lindsay had received qny injury was contained in a report made, apparently, by the defendant to some liability insurance company. A part of the information contained in the report was given by Lindsay to D. T. Davis, an employee of the defendant and manager of the elevator in which it was alleged that Lindsay was injured. At the defendant’s request, Davis obtained the information two days after the alleged accident occurred, and sent
In Railway Co. v. Burks, 78 Kan. 515, 96 Pac. 950, this court held that the reports of railroad car inspectors, regarding the condition of a car coupler, cannot be received in evidence as admissions by the defendant of the facts stated in the reports, unless the reports have been adopted or promulgated in an authoritative way by some official having power to bind the corporation by admissions.
The conclusion reached renders it unnecessary to discuss the other question presented by the defendant.
The judgment is reversed, and the cause is remanded with directions to render judgment for the defendant.
Reference
- Full Case Name
- Nancy E. Lindsay v. The Halstead Milling & Elevator Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT.. Compensation Act — Proof of Injury of Employee — Report Made by Himself Inadmissible, as Evidence. Under the workmen’s compensation act, a written report concerning the injury of an employee, made by another employe or manager, at the request of the employer, which report contains statements regarding the accident and the injury to the employee, but which shows, on its face, that the statements are those of the injured employee and are not the admissions of the employer, is not admissible in evidence for the purpose of proving that the accident occurred, or of proving the nature of the injury.