Ivey v. Union Pacific Railroad

Citations

• 99 Kan. 613
• 162 P. 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Personal Injuries — Action for Damages — Finding of Jury Precludes Recovery. The action was one for damages by a member of a railway switching crew for personal injuries inflicted by the movement of a freight car while he was between the rails of the track adjusting the car’s automatic coupling device, a duty which he was required to perform. The petition alleged that the plaintiff’s associates knew, or ought to have known, of his situation. The court instructed the jury that recovery depended on such knowledge, actual or imputed. The jury found specially that no member of the switching crew, other than the plaintiff, had reaspnable cause to believe he was in a position of danger when the car at which he was working was moved. Held, the instruction was material and was correct, and the finding precluded recovery.</p> <p>2. Same — Finding of Jury — Acquits Defendant of Negligence Pleaded. In answer to a request to state in what the negligence of the defendant consisted, the jury stated an omission not complained of, not submitted to the jury as a basis of recovery, and which, under the finding already referred to, was not an actionable omission. Held, the answer acquitted the defendant of the negligence pleaded and precluded recovery.</p>