Degitz v. Missouri, Kansas & Texas Railway Co.

Citations

• 97 Kan. 654
• 156 P. 743
• 1916 Kan. LEXIS 372

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wrongful Death — Injuries to Licensees While Inspecting Cars— Negligence of Switching Crew. At a junction of two railroads a certain track owned by one of the railroad companies was designated as a transfer track and was used by both companies for the purpose of the transferring of cars from one line to the other. Before a transfer was made, an inspection by the receiving company was required, and it was the custom for the delivering company to place cars intended for transfer upon the transfer track. When they were so placed they were supposed to be ready for inspection by the inspectors of the receiving company. The delivering company had notified the receiving company that an incoming train had a car of live stock intended for shipment over the line of the receiving company, which had a train going out shortly after the arrival of the train of the other company. When the train of the delivering company pulled into the yard it ■placed three of the cars of the train apart from the others upon the transfer track. One of the three was not intended for transfer, and an effort was made to take it out at the north end of the transfer track, but that was found to be impracticable, and the three cars were then left together on the transfer track where cars were customarily placed for inspection and transfer. Inspectors of the receiving company then proceeded to make an inspection of the stock car, one of the three so set apart. T;he engine of the delivering company was taken around on another track to the south end of the yard and there attached to the remaining cars of its train, and without any signal or warning the train was pushed up with considerable violence against the three cars set apart, one of which was being inspected, and the collision resulted in killing two inspectors. In an action to recover for their death it is held that they are to be regarded as invitees, and that under the circumstances the delivering company was bo