Irvin v. Missouri Pacific Railway Co.

Citations

• 81 Kan. 649
• 106 P. 1063
• 1910 Kan. LEXIS 410

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Boarding or Alighting from a Moving Train. It is not negligence per se to get on or off a moving train; but whether it is negligent or not is a question of fact and proper for the determination of a jury.</p> <p>2. Railroads — Duty to Passengers — Obstacles upon Depot Platforms. It is the duty of a railroad company to keep its depot platforms reasonably safe and free from obstacles by which passengers are liable to be injured.</p> <p>3. - — • Express Truck Negligently Left Near Passing Train. It is negligence to leave an express truck upon an unlighted depot platform after night and within five inches of a passing passenger train.</p> <p>4. - Duty to Passengers — Negligence of a Third Party. A railroad company can not avoid its liability to passengers on account of dangerous obstacles upon its depot platform on the ground that such obstacles were placed thereon by an express company which was permitted to occupy and use such platform for its own purposes.</p> <p>5. Instructions — Misleading and Confusing — Proximate Cause. An instruction which was requested by the defendant and refused by the court examined and held to have been properly rejected.'</p> <p>6. - Immaterial Error. An instruction given by the court examined and held not error.</p>