49-209. History: L. 1883, ch. 117, § 12; R.S. 1923, 49-209; Repealed, L. 1977, ch. 190, § 3; July 1. CASE ANNOTATIONS 1. Employee assumes risks inherent in the business; mine owner in employing operators and superintendents exercised ordinary care; mine owner must provide reasonably safe place to work. Coal Co. v. Britton, 3 Kan. App. 292, 308, 309, 45 P. 100. 2. Jury should determine facts which constitute the violation. Ozorkiewicz v. Carr, 83 Kan. 473, 112 P. 135. 3. Actions prosecuted by widow when no personal representative appointed; "any violation" of act and "willful failure" to comply construed. Cheek v. Railway Co., 89 Kan. 247, 254, 131 P. 617. 4. Nature of employer's liability hereunder discussed. Burgin v. Railway Co., 90 Kan. 194, 197, 133 P. 560. 5. Willful violation; contributory negligence; demand by miner not required. LeRoy v. Railway Co., 91 Kan. 548, 551, 138 P. 646. 6. When action should be brought under workmen's compensation act. Frere v. Railway Co., 94 Kan. 57, 59, 145 P. 864. 7. Furnishing of "reasonable place to work" considered. Brooks v. Coal & Coke Co., 96 Kan. 530, 531, 152 P. 616. 8. Action maintainable hereunder by father for loss of minor's services. Henry v. Railway Co., 98 Kan. 567, 570, 158 P. 857. 9. Right of action for death is barred after two years; no representation or agreement by agent estops statute of limitations. Harwood v. Railway Co., 101 Kan. 215, 217, 218, 171 P. 354. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026