42-3,104. Damage liability for negligent or unlawful construction of work; penalty for unlawful act.
42-3,104
42-3,104. Damage liability for negligent or unlawful construction ofwork; penalty for unlawful act.Every person who, as owner, agent, contractor or manager,shall build, construct, operate or maintain any such dam or embankment, flume,aqueduct or other conduit in such manner that by reason of the willful ornegligent disregard by such person of the requirements of this act, or byfailure to use due caution, care and diligence in the building,construction, operation or maintenance thereof, any other person shall beinjured, damaged, or put in jeopardy, either as to person or property, orboth, shall be liable for all damages caused by or resulting from suchwillful or negligent conduct, and may bepunished upon conviction by fine in any sum not less than $25 nor more than$5,000, or imprisonment not exceeding a term of three yearsin the custody of the secretary of corrections or both suchfine and imprisonment, in the discretionof the court wherein such conviction shall be had. Ifloss of human life be caused or occasioned by any such willful or negligentconduct, the person so offending shall be amenable to all the laws andsubject to all the penalties provided by the statutes of the state ofKansas in respect of unlawfully, maliciously, willfully or negligentlycausing the death of any person.
History: L. 1891, ch. 133, art. 8, § 16; R.S. 1923, 42-3,104;L. 1990, ch. 309, § 31; May 24.