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

Citations

• 76 Kan. 271
• 91 P. 785
• 1907 Kan. LEXIS 248

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Tracks between Passenger-train and Platform— Duty to Licensees. When a railroad company stops a passenger-train where other tracks are between it and the depot platform, the rights of people having business with such train, and the duty of the company toward them, are the same as if all the intervening space between the depot and the train constituted the platform.</p> <p>2. - Contributory Negligence. Under such circumstances passengers and other persons rightfully there have a right to assume that they will be protected from danger by the company, and are under no obligations to anticipate and guard against the approach of other trains. The ordinary rule of “look and listen” does not apply to such a situation.</p> <p>3. - Injury to a Licensee. A boy about eleven years of age was sent by his father to deliver a package to a passenger on a train which was expected to stop at the station. Held, that the boy, while engaged in making such delivery and returning to the station platform, was rightfully on the premises of the railroad company and entitled to be protected, at least by the exercise of ordinary care.</p> <p>4. -Running Trains between Platform -and Standing Passenger-train. When a’ railroad company causes a passenger-train to stop on a side-track, leaving other tracks between it and the depot platform, it is negligence to permit another train to pass between such passenger-train and the depot at a high rate of speed and without giving warning thereof by ringing the bell, sounding the whistle, or otherwise, while business is being rightfully transacted with the standing train; and the company will be liable to any person rightfully there who is injured thereby.</p>