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

Citations

• 69 Kan. 620
• 77 P. 542
• 1904 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads—Injury at Crossing—Contributory Negligence Bars Recovery. One may not knowingly stand upon a railroad-track in a switch yard, or so near thereto as to be in an equally dangerous position, where he knows, or has reason to know, that cars may run at any time (another position being equally available), neglect to use his ordinary faculties to guard against danger, and, when injured through the negligence of the railroad company by a car passing along 'such track, recover damages. His contributory negligence bars such recovery. The facts in the case at bar bring the plaintiff within the rule stated.</p>