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

Citations

• 98 Kan. 150
• 157 P. 261
• 1916 Kan. LEXIS 34

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Common Carrier — Caretaker of Live Stock — Injuries—Contributory Negligence. The plaintiff shipped a car of cattle from Beloit to Garden City and went with the car under a live-stock shipper’s contract. While the car was standing alone on a sidetrack at Strong City he undertook to ascertain the condition of the cattle. He climbed to the top of a ladder on the side of the car, and thinking that he could see better from the end of the car, placed his right foot on a step of the ladder on the end, with his left hand took hold of the brake wheel at the end of the car to the right of the end ladder, and started to bend over' so that he could take hold of a wooden slat in the end of the car with his right hand, intending to climb' down toward the lower opposite corner of the car at the end until he could get a good view of the cattle. He was thrown to the ground and injured by the brake wheel turning. He was guilty of such negligence as prevents his recovery for the injuries sustained by him.</p> <p>2. Same — Railway Company Not Negligent. Under such circumstances the defendant was not guilty of negligence toward the plaintiff.</p> <p>3. Same — Caretaker of Live Stock — Injuries—Evidence—Custom. In an action to recover damages for injuries sustained by a caretaker of live stock while climbing about the car containing the live stock, it is not reversible error to exclude evidence showing a custom among livestock shippers to climb about and over stock cars in caring for the live stock therein, where the conduct of the party shows that his negligence caused his injury.</p>