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

Citations

• 74 Kan. 148
• 85 P. 822
• 1906 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — -Injury at Crossing- — Basing one Presumption upon Another. In an .action for damages by the administrator of a deceased person who was-killed while driving a team over a railway-crossing, where there is no testimony showing what deceased did immediately before and at the time he went upon the crossing, it is presumed that he was in the exercise of proper care and that before going upon the crossing he both looked and listened for an approaching train, and from this presumption the jury may so find; but in the absence of any testimony showing what happened the jury are not warranted in assuming, in order to account for his going upon the crossing, that his team became frightened and that he lost control of them. One presumption of fact cannot, in law, become the basis of another presumption of fact.</p>