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

Citations

• 101 Kan. 363
• 167 P. 1050
• 1917 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carriers — Duty to Persons Assisting Passengers. In the absence of any regulation forbidding persons to enter trains to assist a passenger, one who goes upon a train for that purpose has an implied permission or license so to' do, and the carrier owes him the duty of ordinary care for his protection where it has notice of his purpose and intention in entering the train. ’</p> <p>2. Same — Licensee Assisting Passenger--Time to Leave Train. Notwithstanding a finding that a passenger train stopped at a station for a period of five minutes, it is held that it was for the jury to determine under all the facts and circumstances whether one Who entered the train to assist a passenger was given a reasonable time to leave the train before it started.</p> <p>S. Same — Licensee Alighting from Moving Train — Contributory 'Negligence. The special findings examined and held to show that after discovering the negligence of the defendant, the plaintiff was negligent in attempting in the darkness to alight from the train while it was running at eight miles an hour, and therefore the defendant was entitled to judgment on the findings.</p>