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

Citations

• 71 Kan. 742
• 81 P. 463
• 1905 Kan. LEXIS 223

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Sounding of Whistles■ — Frightening Horses. A railroad company is not liable for injuries occasioned to a traveler by reason of his team becoming frightened on a highway running parallel with and close to a railroad from the sounding of a whistle on a passing train, where it appears that it occurred at a place remote from a crossing, that the signal was given in the usual way, for a lawful purpose incidental to the operation of the railroad, and also that the engineer had no knowledge of the presence of the traveler and his team at or before the time the signal was given.</p>