Brizendine v. Union Pacific Railroad

Citations

• 96 Kan. 691
• 153 P. 495
• 1915 Kan. LEXIS 468

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death — Defective Coal Chute — Negligence — Assumption of Risk. The evidence justified the jury in finding negligence by reason of failure to equip the defendant’s coal chute machinery with some device to prevent loaded buckets from slipping backwards when obstructed.</p> <p>2. Same — Contributory Negligence. The question of contributory negligence was for the jury, and their finding with reference thereto must stand.</p> <p>3. Sáme — Assumption of Risk. Rule followed that general knowledge of a situation does not bar recovery on the ground of assumption of risk unless the injured party appreciated the danger.</p>