Akins v. Payne

Citations

• 109 Kan. 474
• 199 P. 464
• 1921 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employers’ Liability Act — Injured Employee Employed in Interstate Commerce — Evidence for Jury. The plaintiff was injured while repairing an engine at the roundhouse of defendant at Parsons, Kan. The engine had just completed a run in which it had hauled a passenger train in interstate commerce. The accident happened about four o'clock in the morning. At half past seven on the same morning the engine was assigned to go out at 9:30 a. m. to haul a regular passenger train from Parsons, Kan., to Kansas City, Mo. During the entire year prior to plaintiff’s injury this engine had been used in hauling passenger trains in interstate commerce and there was no evidence to show that during that time' it had been used in any other service. Held, the facts stated were sufficient to .take to the jury the question whether the plaintiff at the time of his injury was employed in interstate commerce.</p> <p>2. Same — Assumption of. Risk — Instructions. In an action under the Federal employers’ liability act, an instruction with reference to assumption of risk is considered, and held to correctly state the law.</p> <p>3. Same — Excessive Verdict. The plaintiff at the time of his injury was fifty years of age and had been employed as a railroad carpenter for • nineteen years. His earnings during that time had averaged $125 per month. The injury resulted in the amputation of his right leg from three or four inches below the knee. Held, that a verdict of $18,000 is excessive and should be reduced to $12,000.</p>