Bush v. Union Pacific Railroad

Citations

• 103 Kan. 385
• 175 P. 160
• 1918 Kan. LEXIS 271

Syllabus

<p>syllabus by the court.</p> <p>1. Contract — To Keep Bridge Signals in “Good Condition” — Liability for Expenses. Where the owner of a railway bridge entrusts a railway company with the management of the bridge signal system and charges the latter with the duty of keeping the signal system in good condition, the owner is liable for the managing railway’s reasonable expenses in relocating the signals which are a menace to the lives of trainmen; and this liability exists although the signal system was installed many years ago according to the best methods then known and with the approval of the managing railway’s chief engineer.</p> <p>2. Same — “Good Condition” of Bridge Signals — Expert Evidence. The opinions of experienced railway men touching the “good condition” of a set of signals set so close to a railway track as to imperil the lives and limbs of trainmen are competent evidence in an action to recover a claim for expenditures incurred in keeping a railway-bridge signal system in good condition.</p>