Flanigan v. Hines

Citations

• 108 Kan. 133
• 193 P. 1077
• 1920 Kan. LEXIS 572

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Recovery Under Federal Liability Act — Injury Must Have Been Received While Engaged in Interstate Commerce. In order that there may be recovery under the Federal employers’ liability act (35 U. S. Stat. 65, ch. 149, §1) of damages resulting from death of a railroad employee, the injured person as well as the carrier must have been engaged in interstate commerce .when the injury occurred.</p> <p>2. Same — Federal Safety-appliance Act■ — Assumption of Risk — Contributory Negligence. Under the Federal safety-appliance acts an employee does not assume risk of injury from a car not equipped as the statutes require; but the defense of contributory negligence remains untouched, even by the act of 1910 (36 U. S. Stat. 299, ch. 160, §4), and an employee is not relieved from taking ordinary care for his own protection in dealing with such a car.</p> <p>3. Same — Action May Be Predicated *on Both Employers’ Liability Act and Safety-appliance Acts. An action to recover damages resulting from death of an employee may be predicated on both the employers’ liability act and the safety-appliance acts, and the plaintiff may go to the jury on as many grounds of recovery as, the evidence tends to establish, under proper instructions as to each, without electing between the acts mentioned.</p> <p>4. Same — Certain Conductors’ Reports Showing Defective Cars Were in Interstate Commerce Admissible. The action was one to recover damages resulting from death of a switching-crew foreman, who was killed while assisting in preparing a car lacking a drawbar for movement from the bad-order track to the repair track in the defendant’s yards. The defendant was a carrier engaged in interstate commerce. The action was predicated in part on the employers’ liability act, for violation of the safety-appliance acts. Held, conductors’ reports of cars in freight trains and interchange reports of cars, showing the defective car was in course of transp