Kasper v. Kansas City, Leavenworth & Western Railway Co.

Citations

• 111 Kan. 267
• 207 P. 203
• 1922 Kan. LEXIS 222

Syllabus

<p>SYLLABUS-. BY THE COURT.</p> <p>1. Master and Servant — Interurban.Railway—Confined to Intrastate Business —Not Governed by Federal Safety-appliance Act. An interurban railway company which confines its business to transportation of passengers and goods from place to place within the state, but which rents its cars and transfers its employees to the service of a street-railway company for streetcar traffic in Kansas City, Kan., and Kansas City, Mo., located contiguously on opposite sides of the Kansas-Missouri state line, is not engaged in the sort of interstate commerce which -is governed by the federal safety-appliance act. . ' .•</p> <p>2. Same — Personal Injuries — Action for Damages — Choice of Statutes Under Which Action May Be Brought. ■ In an, action for damages to an injured employee against an int.erurban railway company which confines its business to intrastate traffic, except as that traffic may be altered or qualified by the loan of its cars and employees to another, company for street-railway service operated across a state line, it is immaterial whether such action be brought under the state law or the federal employer’s liability act, where the state and federal acts are substantially similar in text and effect — following Kansas City Ry. v. McAdow•, 240 U. S. 51, 60 L. Ed. 520.</p> <p>3. Same — Services of Employee Transferred to Another Master — Liability for Damages. Where .the services of an e'mployee have been transferred by his master to another master the question whether the employee should look to his own master or to his special master for compensation or damages for injuries depends upon whether or not the employee knew or should have known that his services were thus transferred — following King v. Railway . Co., 108 Kan. 373, 195 Pac. 622.</p>