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

Citations

• 83 Kan. 497
• 112 P. 103
• 1910 Kan. LEXIS 570

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Ejection of Passenger — Negligence. Where a passenger without a ticket takes a train for a station at which the train is not scheduled to stop, it is not negligence to eject such passenger, even if he offers to pay cash fare to the station where he wishes to stop.</p> <p>2. -Injury to Person Sitting on the Track. In such a case, where the person so ejected sits down on the end of a tie and takes a position so that he is not plainly visible, and while in such position another train comes along, and the engineer, who sees an object upon the track, is uncertain what the object is until the engine gets so close that he is unable to stop it before it strikes such, person, the company is not guilty of culpable negligence.</p> <p>3. - Duty to Trespasser. A person who goes upon a railroad track without the leave or knowledge of the company, and without any business with it, is wrongfully there and is a trespasser, and, while a trespasser, the company owes him no duty except not recklessly or wantonly to do him an injury.</p>