Ergenbright v. Saint Louis, Iron Mountain & Southern Railway Co.

Citations

• 99 Kan. 765
• 163 P. 173

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railway Company — Engaged in Business in Kansas — Service of Summons. Upon the testimony it is held that the defendant was engaged in business in Kansas and that a valid service of summons was made upon its agent.</p> <p>2. Same — Negligence—Postal Agent Throwing Mail Sacks from Train —Liability of Railway Company. A railroad company is not primarily liable for the negligence of a postal agent in throwing mail sacks from a moving train, but may become liable where it knowingly permits such agent to continue a custom or practice of delivering mail sacks at a station in such a way as to endanger those who may be lawfully at the place of delivery without doing what it can to prevent the continuance, of the negligent practice.</p> <p>3. Same — Negligence—Postal Agent — Insufficient Evidence to Bind Railway Company. The evidence in the case does not support the findings of the jury that the defendant was negligent in knowingly permitting the United States postal agents to pursue a dangerous practice in discharging the mail sacks from the mail car at a station, and in failing to report a reckless discharge of the mail to the proper authorities.</p>