Helm v. Hines

Citations

• 109 Kan. 48
• 196 P. 426
• 1921 Kan. LEXIS 74

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — :Closing Door of Vestibule — Neither Gross Negligence Nor Want 'onness of Employee Shown. A vestibuled train stopped'in the nighttime at a station for two or three minutes. About the time it started a passenger got off the front end to go back to the rear, and while the train was in motion attempted to get on at a vestibule just as the door was closed. When the train had gained a headway of about fifteen miles, an hour, he jumped or fell from the vestibule step-, rolled under the train and death resulted from his injuries. On the facts stated in the opinion, held, there was no evidence to show gross negligence or wantonness of the employee who closed the door of the vestibule.</p> <p>OPINION DENYING MOTIONS TO DISMISS AND FOR REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Motion to Dismiss Appeal — Want of Jurisdiction — Motion for Rehearing — Judicial Notice of Acts of Congress and Proclamations of President — Waiver—Estoppel—Substitution. On February 27, 1920, a judgment was rendered against Walker D. Hines, director-general of railroads, for damages. On February 28, an act of congress was approved terminating Federal control of railroads to take effect on March 1, 1920, with a provision that pending causes of action against the director-general should not abate by reason of such termination but might be prosecuted to final judgment, substituting an agent to be designated by the president within thirty days after the passage of the act. On the 11th day of March, 1920, the president by proclamation designated Walker D. Hines, director-general of railroads, as such agent. The appeal from the judgment was not perfected until April 27, 1920, and was taken in the name of Walker D. Hines, as director-general and not as agent. On May 14, 1920, the resignation of. Walker D. Hines, as director-general and as agent, was accepted to take effect on May 18, and the president by proclamation appointed John Barton Payne director-