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

Citations

• 67 Kan. 476
• 73 P. 58
• 1903 Kan. LEXIS 278

Syllabus

<p>SYLLABUS BY THB COURT.</p> <p>Bailroads — -Injury to Employee — Findings Inconsistent. An employee of a railway company, engaged with thirty-five or forty others in relaying steel rails in a manner not to interfere with the running of trains, was struck by a passing train and killed. He was standing at the time close to one of the rails. A recovery of damages was had against the railway company, based on a general verdict and findings of fact by the j ury that the foreman in charge of the men did not give audible warning to the deceased of the danger, although he did so in the ordinary way; that the train’s approach was obscured by intervening workmen; that the wind and noise prevented deceased from hearing the rumbling of the train or the whistle of the engine when it was one-half mile distant, and again when 750 feet away. The jury also found that a man standing near the track, giving reasonable attention, could have heard the rumbling of the train 600 feet away; that all the men left the track except the deceased; that from nine to twelve trains passsd the workmen every day; that deceased was familiar with the time of the train that struck him; and that it was expected. Held, that the findings of the jury summarized above were inconsistent with one another, and that other findings referred to in the opinion were not supported by the evidence.</p>