Carey v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 84 Kan. 274
• 114 P. 197
• 1911 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Person upon the Track — Signals—Contributory Negligence. A number of workmen were employed in uncovering rock in a quarry operated by a railroad company, their duties not involving loading or handling the cars; several loaded cars awaiting removal were standing upon a spur track near where they were at work; on account of a rain all but one of them entered the cars; he took shelter beneath a car, and was run over and killed when a freight train backed into the cars in the process of picking them up; his widow recovered a judgment, the jury finding that the railroad company was negligent in failing to give proper warning of the approach of the train. Held, that the defendant owed no duty to the deceased to give such a warning, and that his own conduct constituted negligence as a matter of law.</p>