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

Citations

• 72 Kan. 527
• 84 P. 140
• 1906 Kan. LEXIS 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Licensee — Assumption of Risk. One who undertakes to cross the yards of a railroad company in a populous city at a place other than a public crossing, although on a well-defined path which has been in constant use by the public for a number of years, assumes the risk of injuries from coming in contact with semaphore wires, or any other stationary appliances or devices which are convenient or necessary for the safe operation of trains.</p> <p>2. -Path Used without Objection — Duty to Traveler. A railroad company owes no duty to the public to keep in safe repair for pedestrians a path across its yards which the public has been in the habit of using for its own convenience, without objection. Nor does the fact that no objection has been made imply that the company will not, without special warning, obstruct such path with mechanical appliances and machinery which may become essential or convenient for the safe and proper operation of the business conducted in its yards.</p>