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

Citations

• 102 Kan. 774
• 178 P. 403
• 1918 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — No Buffer Appliances on Cars — No Liability Established. A railroad company is not required to equip its ears with buffers or bumpers for the protection of brakemen in coupling or uncoupling cars. Hence, the findings that the negligence in this case consisted in the failure to equip with buffer and buffer appliances do not establish liability.</p> <p>2. Same — Equipment of Cars Required for Protection of Brakemen in Coupling and Uncoupling Cars. A train is required to have eighty-five per cent of its cars equipped with air brakes, so that it can be operated by the engineer, thus rendering it necessary to have certain of the cars connected by air hose. While in the complete process of uncoupling, the coupler itself and also the air hose and safety chains may have to be disconnected, there is no requirement that the cars be so equipped that such air hose or safety chains can be disconnected without going between the cars.</p> <p>3. Same — Allegations—Proof. Two of the three alleged grounds of negligence being based on matters not required of the defendant, and the ■other having failed of proof,.the plaintiff cannot prevail.</p>