Hackney v. Missouri, Kansas & Texas Railway Co.

Citations

• 96 Kan. 30
• 149 P. 421
• 1915 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Federal Employer’s Liability Act — Personal Injuries — Contributory Negligence — Assumption of Risk — Recovery Not Defeated. Under the federal employer’s liability act (Part 1, 35 U. S. Stat. at Large, eh. 149, 4 U. S. Comp. Stat. 1913, §§ 8657-8665), in an action for injury received by a fireman in a train collision caused by another train crew in negligently leaving a switch open, where the fireman was guilty of contributory negligence in not seeing the danger light at the open switch, assumption of risk because of such contributory negligence will not defeat a recovery.</p> <p>2. Same — Two Acts of Negligence — Two Employees — Proximate Cause. When two acts of negligence by different employees contribute to a train collision, one of such acts can not be said, as a matter of law, to be the sole proximate cause thereof.</p> <p>3. Same — Contributory Negligence Goes to Diminution of Damages. Under the federal employer’s liability act, contributory negligence goes to a diminution of damages, and it is for the jury to apportion such damages.</p>