Briggs v. Union Pacific Railroad

Citations

• 102 Kan. 441
• 175 P. 105
• 1918 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Assumption op Risk — Federal Employers’ Liability Act — Death of Fireman — Falling from Moving Train. The engineer of a freight train started the train on an interstate journey while the fireman was in a lunch room' eating a lunch. The fireman came out of the lunch room, and seeing the train in motion, climbed on top of a car to go forward to his place in the engine cab. While going forward over the car tops he stumbled and fell between cars and was killed. He was an experienced and competent fireman, and knew, or should have perceived, the dangers which he would normally and necessarily encounter in passing over the train. Held, under the federal employers’ liability act he assumed the risk.</p>