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

Citations

• 82 Kan. 311
• 108 P. 85
• 1910 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Duties of Shippers Accompanying Stock to Look and Listen before Crossing a Track. Persons carried on a freight train on which their live stock is in transit, in going to and fro between the caboose and a depot, are not absolved from the duty of looking and listening when about to cross an intervening track, their obligation in that respect being greater than that of persons passing back and forth between a station platform and a passenger train that has stopped to receive and discharge passengers.</p> <p>2. -Injury to Passenger on a Freight Train — Contributory Negligence. In a personal-injury action against a railway company there was evidence tending to show these facts: The plaintiff accompanied live stock in shipment; he was told to wait at a depot until a train arrived to which his cars were to be attached, and to be ready to take it there at any time; he saw it approaching on a track sixty feet away, and started toward it; in crossing an intervening track he was struck by a switch engine which was running three or four miles an hour, receiving the injury on account of which he sued; a shadow prevented the engine from being visible to him until it had reached a point within forty-five feet of the place of the accident, after which he could have seen it if he had looked, but he failed to do so. Held, that whether under the circumstances his failure to look constituted contributory negligence was a question of fact for the jury.</p>