Atchison, Topeka & Santa Fe Railway Co. v. Bancord

Citations

• 66 Kan. 81
• 71 P. 253
• 1903 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee. The doctrine of “ assumption of risk” rests for its support upon an agreement of the employee with his employer, express, or implied from the circumstances of his employment, that hie employer shall not be liable to him in damages for any injury incident to the service he is employed to perform, resulting from a known or obvious danger arising in the performance of the service. *</p> <p>2. - Assumption of Eislc — Defective Appliances. The word “risk ” in this connection includes more than a knowledge of conditions. It also includes a knowledge, or opportunity for knowledge, of the peril to the employee arising from conditions. Hence, before it may be held, as a matter of law, that an employee, by virtue of his contract of employment, assumed responsibility for a risk to which he was subjected in the use of defective appliances or instrumentalities furnished him for use by his employer, it must be shown.that not only the defect itself was known by him to exist, or was of such nature that he should have known it, but that the peril to him arising from the'use of the appliances or instrumentalities in their defective condition was also either known to him, or of such nature that he should have known it in the exercise of that reasonable and ordinary observation required of him for his safety.</p>