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

Citations

• 65 Kan. 131
• 69 P. 184
• 1902 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1-. Railroads — Injury of Employee — Duty of Company — Safe Appliances and Inspection. It is 'the duty of a railway company to its employees engaged in emptying oil from barrels by the use of compressed air to provide barrels that are reasonably sound and in a safe condition for such use, and also to use due care in inspecting the condition of the barrels before they are filled with oil.</p> <p>2. Evidence of Care in Inspection — Usual Practice. Evidence that the care used in inspection is that usually exercised by a railway company is not conclusive upon the proposition that due care has been used by the company.</p> <p>3. -Delegation of Duty to Inspect — Liability of Company. The duties of inspection and of furnishing its employees safe instrumentalities to carry on its operations devolve upon the company itself, and those who perform these duties for the company represent it, and for their negligence the company is responsible under the rule of the common law.</p>