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

Citations

• 99 Kan. 525

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Negligence—Death at Street Crossing — Insufficient Warnings of Approaching Train. A work train came into a station -in the dusk of evening on a main line track, took a spur track, and passed over a sidewalk leading to the depot, which was near the crossing. At the front of the train were three flat cars. Next came the caboose, with its red lights showing in front. The engine was at the rear of the train, which was 400 feet long. The spur track curved sharply around an embankment to the crossing, and the sidewalk came down one side of the embankment to the crossing. The embankment prevented persons on the sidewalk from seeing flat cars on the curve until within six or eight feet of the track. A pedes-, trian ran down the walk on his way to the station, hesitated a moment when a few feet from the track, went on, and was killed by the leading flat car, which came from behind the bank at a speed of ten miles per hour. There was no light on the forward end of the leading car, or other light visible, except the red lights on the caboose. The air whistle on the forward end of the leading car was not sounded, and because of the light conditions, the deceased could not see the flat cars when he arrived at the track.</p> <p>It is held, the jury were warranted in finding that warnings such as the engine whistle, sounded when the train was at the outskirts of town, the engine bell, ringing when the engine was around the curve and 600 feet away, an automatic crossing bell ringing at the main line track 150 feet away, and noise of the train, were not sufficient, and that a white light should have been displayed at the forward end of the leading car, and the air whistle should have been sounded.</p> <p>2. Same — Contributory Negligence — Evidence—Findings. The subject of the contributory negligence of the deceased was properly submitted to the jury, and the material findings of fact returned by the jury were sustained by the evidence