Hanson v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 83 Kan. 553
• 112 P. 152
• 1910 Kan. LEXIS 582

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Passenger Alighting in the Dark from■ Train Leaving His Station. In an action for damages for the-death of a passenger evidence was adduced to show that it was the custom on the defendant’s night trains to turn down the lights and furnish pillows for passengers who would pay for-their use; that a passenger who was asleep on such a train-when it reached the place of his destination, at one o’clock in the morning, was awakened immediately after it left the station; that, assisted by the porter, he went forward in an apparently drowsy condition and stepped off the train and was. killed; that the conductor was near by and observed the passenger’s departure; and that the train was not stopped nor its speed slackened, nor the passenger restrained, although the-danger was apparent to the trainmen. It is held, that a demurrer to the evidence was properly overruled, and that there was no error in refusing a request for an instruction to find for the defendant.</p>