Bertrand v. Kansas City, Mexico & Orient Railway Co.

Citations

• 84 Kan. 343
• 114 P. 214
• 1911 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Private Farm Crossing — Duty of Landowner to Keep Gate Closed. An owner through whose farm a railroad is built and fenced and for whose convenience and benefit a private crossing is made and gates are put in, so that he can pass from one part of his farm to the other, has control of the gates and the duty of keeping them closed rests upon him.</p> <p>2. -Rights of Owner of Trespassing Stock. Ordinarily a third party whose stock are trespassing upon the land through which the railroad is built, and pass through a gate left open by such adjoining owner and are injured or killed by a railroad train, has no better right to recover from the railway company for the loss than would the adjoining owner for a like loss of his own stock by the same means.</p> <p>3. Special Findings — Evidence Insufficient to Support. Special findings that a gate had been closed, but that on the occasion of the collision it had been blown open by the wind, because of the insecure fastenings of the gate, are held to be without support in the testimony.</p>