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

Citations

• 96 Kan. 768
• 153 P. 534
• 1915 Kan. LEXIS 489

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroad Stock Law — Trespassing Horses — Duty of Railway Company. Plaintiff’s horses, without his fault and without the fault of the railway company, went upon the track and were killed by a passenger train. They were not seen by the fireman or engineer, although they could have been seen half a mile before the collision. Held, that until their presence was discovered the railway company owed the plaintiff no duty respecting his horses and is not liable for failure to see them.</p> <p>2. Same — Former Decision Modified. A. T. & S. F. Rid. Co. v. Davis, 31 Kan. 645, 3 Pac. 301, modified.</p>