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

Citations

• 72 Kan. 566
• 84 P. 378
• 1906 Kan. LEXIS 356

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Passenger — Findings and Verdict. In an action by a passenger against a railway company to recover for injuries which it is claimed were caused by the negligence of the company in starting its train without giving him sufficient time to get off in safety, where the jury find generally for the plaintiff, a special finding by the jury that the train stopped the usual and ordinary length of time will not warrant the court in rendering judgment for the railway company non obstante veredicto.</p> <p>2.--Time to Alight from a Train — Question for the Jury. In such a case, where the jury in answer to special questions find that the train stopped about a minute, which was the usual and ordinary stop at the station where the injury occurred, and that it ordinarily takes passengers about a minute to leave a train, the court cannot say that the time was sufficient. The time required to leave a train depends upon the circumstances. Whether the stop was reasonably sufficient under the circumstances in evidence was a question for the jury to determine.</p> <p>3. -Duty to Passenger — Limitation. The duty which a railway company owes to a passenger to exercise the highest degree of care for his safety which is reasonably practicable does not cease until the passenger has reached his destination and left the train.</p>