Defenbaugh v. Union Pacific Railroad

Citations

• 102 Kan. 569
• 171 P. 647
• 1918 Kan. LEXIS 96

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — -Evidence. There was evidence to support the plaintiff’s allegation of negligence.</p> <p>2. Negligence — Unprotected Railroad Repair Shops — Injury to Employee. Under section 8545 of the General Statutes of 1915, a railroad is liable for the injuries sustained by a car repairer who is blown by the wind from the top of a car on which he is working, where the car is being repaired in regular shops, at a division point, on tracks exclusively used for repair work, and is not in or under any shed.</p> <p>3. Same — Car Repairer — Not Engaged in Interstate Commerce. A -car repairer cannot be said to be engaged in interstate commerce while working on a car which has been used in such commerce and which, while being repaired, is empty and is not used in any kind of transportation, where it does not appear that the ear is used exclusively in interstate commerce.</p> <p>4. Same — Contributory Negligence• — Assumption of Risk. Under sections 8480, 8481, and 8482 of the General Statutes of 1915, neither contributory negligence nor assumption of risk is a defense in an action to recover damages for injuries sustained by a car repairer, under the circumstances described in the second paragraph of this syllabus.</p>