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

Citations

• 81 Kan. 23
• 105 P. 40
• 1909 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Passenger — Negligent Operation of Trains. A car of a freight-train moving about thirty miles an hour between stations was ignited by sparks from the engine. The conductor discovered the fire and announced it to several passengers in the caboose. One of them ran to the rear platform and was looking forward along the side of the train when a severe lurch caused by the application of the brakes by the engineer threw him to the groumj, causing severe injuries. In an action to recover damages therefor, held: (a) Evidence that the conductor called out in a loud voice and excited manner within the hearing of the passengers that the train or a car was on fire, and that thereupon the plaintiff became excited and alarmed and ran to the rear platform to see where the fire was and what danger he was in, if any, and to provide for his safety if there was any danger from fire, his injury resulting from his being upon the platform while the train was suddenly stopped, does not tend to' establish such negligence on the part of the conductor as to render the company liable. (6) Evidence that the lurch which threw the plaintiff to the ground was caused by the engineer making an emergency application of the air brakes, and that the train could have been stopped almost as quickly and with less jolting by a more gradual application, resulting 'in an ordinary, or service, stop, does not tend to establish such negligence on the part of the engineer-as to render the company liable. (See opinion on rehearing, post, p. 27.) •</p> <p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Negligent Operation of Trains — Announcement of a Fire. Where the conductor of a freight train, while riding in the caboose with a number of passengers, discovers that one of the cars is on fire and announces the fact in a loud voice and excited manner, his conduct may be such as naturally to lead the passengers to suppose that the int