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

Citations

• 77 Kan. 196
• 93 P. 592
• 1908 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Passenger on a Freight-train — Erroneous Instruction. In an action to recover damages for injuries sustained while riding as a passenger in a caboose attached to a local freight-train an instruction that “it is the ■duty of a railway company . . . transporting passengers . . . on a freight-train to exercise the highest degree of care and diligence to which such trains are susceptible, and a failure to use such degree of care is negligence on the part of the railway company,” is erroneous, where no modification or explanation thereof is elsewhere given.</p> <p>2. - Duty of Carrier. It is the' duty of a railroad company, when it carries passengers in a caboose or other car attached to a local freight-train, to use the highest possible degree of care and diligence in the protection of the safety of such passengers to which such train is susceptible, considering its construction, equipment and use as a carrier of freight.</p>