Land v. St. Louis & San Francisco Railroad

Citations

• 95 Kan. 441
• 148 P. 612
• 1915 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railways — Death of Section Man — Duty of Railroad Company — Signals—Warnings—Speed of Train. Railroad companies in the operation of their roads may rightfully assume that their section men while at work upon or along the track will look out for the approach and passage of trains at all times, and ordinarily such companies owe to their section men no duty to warn them of the approach of trains save when such employees are found to he in a place of danger and it becomes apparent that they will not or can not protect themselves.</p> <p>2. Same — Speed of Train — Negligence. Ordinarily it is not, and under the facts of this case it was not; negligence towards the section foreman to run a passenger train at a speed of forty-five miles an hour.</p> <p>3. Same. Crossing signals are not intended or required for the benefit of section men at work upon or along the track near a crossing, and the failure to give such signals is not negligence as to such employees thus engaged; and this rule is not changed by the fact that a preceding train going in the opposite direction on one of the two tracks has left the other track enveloped in steam and smoke, such condition requiring added vigilance on the part of such employees to protect themselves.</p>