Griffiths Grain Co. v. St. Joseph & Grand Island Railway Co.

Citations

• 94 Kan. 590
• 146 P. 1134
• 1915 Kan. LEXIS 133

Syllabus

<p>syllabus by the court.</p> <p>Lease — Part of Bight of Way for Grain Elevator — Provision Exempting Railroad Company from. Liability for Negligence —Provision Valid. A railway company leased to the plaintiff, at a rental of $6 per annum, a strip of ground on its right of way to be used in the erection of a grain elevator. The lease contained the provision that the lessee should assume all risk of loss, damage or destruction to the elevator buildings or contents from causes incident to or arising from the movement of locomotives, trains of cars, misplaced switches, or in - any other respect from the operation of the railroad, whether the result of negligence of the railway company or its employees; Held, that the clause exempting the railway company from liability is not in contravention of public policy, and is valid.</p>