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

Citations

• 68 Kan. 369
• 75 P. 478
• 1904 Kan. LEXIS 114

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Employee — Defective Apron to a Coal-chute. In an action to recover damages for injuries sustained by a locomotive fireman by reason of a defective apron to a coal-chute, where there is evidence tending to prove that the apron was out of repair six months before the accident, and evidence • ■ on the part of the defendant tending to prove that the chute had been in constant and daily use during this entire period, the court, in applying the rule that a condition or state once shown to exist is presumed to continue UDtil the contrary is shown, • should inform the jury that such presumption is one of fact only, and may be rebutted by circumstantial, as well as direct, evidence.</p>