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

Citations

• 81 Kan. 505
• 106 P. 288
• 1910 Kan. LEXIS 381

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Right of Passengers to Ride Upon Freight Trains. By the provisions of chapter 274 of the Laws of 1907' An absolute right is given to passengers, except certain minors, to ride upon specified freight trains by complying with the limitation of liability provided in such statute, upon request of the railway company.</p> <p>2. - Contract Limiting Liability for Negligence. In such a case the railway company can not require a passenger to give a release different from that designated by the statute nor refuse to accept a passenger for the sole reason that he declines to give such a release.</p> <p>3. Practice, Supreme Court — Excessive Damages — Remittitur. Where a verdict is excessive this court may offer the plaintiff the option of accepting a judgment for a designated sum or a new trial, which is done in this case.</p>