Karns v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 87 Kan. 154
• 123 P. 758
• 1912 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Defective Appliances — Rules—Inspection by Employee — Contributory Negligence. A rule of a railway company requiring all bralcemen to inspect carefully at every stop the coupling apparatus and other appliances and to report to the conductor anything found out of order is subject to a reasonable interpretation, measured in degree by the opportunity to examine and the character of the existing defect.</p> <p>'2. - Same. Where such a rule is in force, and a brakeman is injured by a defect in an appliance of which he is ignorant but which he might have discovered by inspection, the question of his contributory negligence is generally for the jury to determine, taking into consideration the rule and the circumstances shown by the evidence.</p> <p>3. - Same. Under the facts in this case the defendant could not, by adopting such a rule, thereby relieve itself from liability for a failure to furnish plaintiff with reasonably safe appliances, the jury having found upon sufficient evidence that it was not practicable for plaintiff by inspection to discover the defect.</p> <p>4. - Same. The evidence is held sufficient to warrant a finding that plaintiff was not guilty of contributory negligence.</p> <p>5. - Same. The plaintiff is held not to have assumed the risk of injury from a defect in a coupling and drawbar of which he was ignorant and which he had no reasonable opportunity to discover by inspection.</p>