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

Citations

• 67 Kan. 8
• 72 P. 573
• 1903 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Tracks in Public Street — Injury to Pedestrians. Where railroad-tracks are laid in a public street and there is. room for one who wishes to travel along the street to walk in safety outside the tracks, and there is no reason resting in either neces sity or convenience for his going upon them, his walking along a track between the rails is such negligence on his part as to prevent recovery for being struck by a train, notwithstanding the negligence of the railroad company, unless the injury be intentionally and wantonly caused.</p>