De Leon v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 103 Kan. 780
• 176 P. 636
• 1918 Kan. LEXIS 382

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Night Watchman Injuring Trespasser in Railroad, Yards — Liability of Master. A night watchman in the employ of a railway company, whose duty it was to guard and protect property in the railway yards and prevent cars from being broken into and goods stolen therefrom, shot and ihjured the plaintiff, who was loitering after midnight in the yards near where several cars stood, the seals of which had been broken. In an action against the railway company to recover damages for his injuries, held, in view of the general verdict and all the findings of fact, that the defendant is not entitled to judgment on the findings on the ground that they show the act of the watchman was committed in self-defense, nor upon the ground that they show the assault was committed outside the scope of the servant’s employment.</p>