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

Citations

• 71 Kan. 520
• 81 P. 176
• 1905 Kan. LEXIS 175

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Improperly Kept Road-bed — Injury to Employee. Evidence that the road-bed of a railway company at a point within its station grounds was made up in part of rubbish and sweepings from the depot, and that the rainfall from the roof of the depot was permitted to flow and remain upon the track at this place, and that in consequence of such character of the soil and of such discharge of water thereon it afforded a brakeman so insecure a foothold while he was engaged in making a coupling that he slipped and was injured, tends to sustain a charge that his injury was due to the negligence of the company in failing to keep its road-bed in a reasonably safe condition for the performance of his duties.</p> <p>2. - Question for a Jury. It cannot be said as a matter of law that a brakeman, under the circumstances stated, knew or ought to have known of the dangerous condition of the road-bed.</p>