Drake v. Topeka Railway Co.
Citations
- 96 Kan. 727
- 153 P. 539
- 1915 Kan. LEXIS 479
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>Street Railway: — Conductor Killed by Drunken Passenger — Assumption of Risk — Liability of Railway Company. A conductor on a street car was shot and mortally wounded hy a drunken passenger who became incensed because mildly remonstrated with by the conductor who in dealing with him followed the rules prescribed by the company for such emergencies, which rules were in effect expressions of the common-law duty of a carrier and in line with the dictates of common humanity. Held, that for the promulgation of such rules and the failure to warn the deceased of the dangers incident to the presence of intoxicated passengers the company is not liable, such rules being proper and such warning being needless.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the character of the hazard—a hole in the carpet in which the plaintiff caught her foot—was sufficient to raise a -5- question of fact regarding notice
Source: CourtListener parenthetical corpus (CC0).
Judges: West
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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