Dyerson v. Union Pacific Railroad

Citations

• 74 Kan. 528
• 87 P. 680
• 1906 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Contributory Negligence. The rule that a railroad employee who is engaged in. the discharge of a duty the performance of which requires him to be on or near the track need not keep a strict watch for approaching trains, in order to be deemed to be exercising reasonable care for his own protection, does not apply to- the case of an employee who is injured while attempting to cross a track merely for the purpose of getting from one point to another, the circumstances not requiring the crossing to be made at a particular time or place.</p> <p>2. -- Duty to Look for Approaching Trains. The fact that such an employee works close to a track and has frequent occasion to pass back and forth over it does not relieve him from the requirement that in order that he may be deemed to be in the exercise of ordinary diligence he must look in both directions for an approaching train before undertaking to cross it.</p> <p>3. - Change in Rule of Running Trains — Notice to Employee. The fact that such an employee knows that it had previously been the rule and practice of the company to run trains along said track only in one direction, except under unusual circumstances, does not relieve him from such requirement, although a change has been made in such rule and practice without notice to him.</p> <p>4. - Concurrent Negligence — “Last Clear Chance.” A plaintiff who has received an injury occasioned by the negligence of the defendant, but who could have avoided it by the exercise of ordinary care on his own part, cannot recover damages therefor, although the defendant ought to have discovered (but did not in fact discover) his peri] jn time to have prevented the accident, where the plaintiff’s negligence continued up to the very moment he was hurt, and where the exercise of reasonable diligence before that time would have warned him of his danger and enabled him to escape by his own effort.</p>