Lane v. Missouri Pacific Railway Co.

Citations

• 64 Kan. 755
• 68 P. 626
• 1902 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Defective Switch — Burden of Proof. In an action against a railroad company for the recovery of damages for injuries to an employee occasioned by the alleged faulty construction of a split switch, the plaintiff must show, in order to warrant a recovery, not only the way in which the switch was constructed, but that such construction was not of a proper and approved kind, or, if of a proper and generally approved kind, that the one complained of was of improper and faulty construction.</p> <p>2. -No Presumption of Negligence. In order that a plaintiff may recover in such action, he must show negligence on the part of the company, and, in the absence of a statute making it so, the fact of the occurrence of the injury raises no presumption of such negligence.</p>