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

Citations

• 111 Kan. 242
• 206 P. 868
• 25 A.L.R. 1056
• 1922 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Injuries to Passenger — Fingers Caught in Door Jamb— Contributory Negligence. A railway carrier is not liable in damages for injuries sustained by a passenger of mature years who when in the act of leaving the car at her destination places her fingers in the door jamb of the passenger coach and the door is blown shut by a gust of wind, when she knew that the door was not fastened and knew it had been swinging freely “all the time” during her railway journey of 65 miles.</p> <p>2. Same — Evidence Insufficient to Sustain Alleged Charge of Negligence. When the uncontradicted and conceded facts show that a passenger-car door was swinging freely and not fastened back to the door catch, a jury’s finding of defendant’s negligence that the brakeman “did not fasten door back securely” cannot be sustained.</p> <p>3. Same — Passenger Leaving Car — Fingers Caught in Door Jamb — Injuries Result of An Accident. The facts touching an injury to a passenger who placed her hand in the door jamb of a pasenger coach, examined, and held to be an accident, and not the result of negligence on the part of the defendant railway company.</p>