Harbert v. Kansas City Elevated Railway Co.

Citations

• 91 Kan. 605
• 138 P. 641
• 1914 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death — Trespasser—Riding on Steps of Street Car — Wan- ■ tonness of Railway Employees — Liability of Railway Company. A finding that the conductor of an electric street ear was guilty of such wantonness as to authorize a recovery against the company, regardless of any question of contributory negligence, is authorized by evidence that he ran his car without stopping, past a station and upon a bridge, knowing that a man was riding outside of the car in such a position that he would necessarily be struck by a beam of the bridge and severely and probably fatally injured.</p> <p>2. Same. A recovery against the company on account of a death which was occasioned in the manner indicated is not precluded by the fact that before the car left the station at which the person who was killed got upon it, an employee of the company warned him of the danger of his position, tried to persuade him to get off the car, and even used physical force to that end without avail.</p> <p>8. Pleadings — “Negligence”—“Wantonness.” Where a petition alleges that the defendant committed acts amounting to wantonness, but characterizes the conduct complained of simply as “negligence,” no error is committed in allowing wanton misconduct to be charged in express terms, even after the limitation period has expired.</p> <p>4. Death — Elements of Damages — Instructions — ■ Pecuniary Loss. In a death case a statement in the charge that the jury might consider the loss by the plaintiff of the society, aid and comfort of her husband, held not to have been prejudicial, the same instruction having twice stated that recovery could only be had for pecuniary loss,, and the amount awarded having been moderate.</p>