Binder v. Union Pacific Railroad

Citations

• 108 Kan. 47
• 194 P. 314
• 1920 Kan. LEXIS 547

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Riding on Freight Train — Limitation of Liability to Passenger — Liable for Gross Negligence Only. Railroad companies are required to carry passengers on certain freight trains, hut are not required to take the same precautions for their safety and comfort as they must for those riding in passenger trains. As to passengers riding on freight trains, the carriers are only liable for gross negligence.</p> <p>2. Same. One riding in such a train on a stock pass as a caretaker of a carload of cattle that was in the train is deemed to be a passenger for hire, and the statutory limitation of liability applies to him.</p> <p>3. Same — Injury While Riding on Freight Train — Contributory Negligence an Issue — Instructions. There being testimony tending to show that the injury of which plaintiff complained was due in part to his own negligence, it was incumbent on the court upon the request of defendant to give the jury an instruction on contributory negligence.</p>