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

Citations

• 72 Kan. 559
• 84 P. 142
• 1906 Kan. LEXIS 355

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Teamster — Duty of Engineer. When, in a depot yard, in plain view of an approaching train, a teamster recklessly or negligently drives his team into a lane, between bridge-irons and other obstructions on one side and the railroad-track upon which the train is approaching on the other side, the engineer of the approaching train is under no obligation to stop his train until it is apparent to him that the driver has got himself into such a position of danger that he cannot or will not avoid a collision with the train if it proceeds.</p> <p>2. - Conduct of the Teamster — What the Engineer May Assume. In such ease the engineer has a right to assume, in the absence of knowledge to the contrary, that the driver is in the possession of all his faculties, that he has seen the approaching train, and that the team will be tractable and as indifferent to the approach of the train as the conduct of the driver reasonably indicates.</p> <p>3. -Apparent Danger — Duty to Stop the Train. Still, notwithstanding any negligence of which the driver may have been guilty, if the engineer sees (and it is his duty to watch and see all that may be seen in his position) that the driver has got himself or his team into a, trap where there is danger of a collision with the train if it proceeds, and also sees that the driver probably cannot or will not change the position of himself or of his team, it is the duty of the engineer immediately to use all available appliances to stop the train.</p> <p>4. - Attempt to Stop the Train — Contributory Negligence ■ — Damages. If, under these circumstances, the engineer does see that the driver is in such a trap, and that he will probably be unable to extricate himself, and does immediately use all available appliances to stop the train and fails to do so, and a collision occurs, and the driver is injured, the railroad company is not responsible in damages for such injury.</p>