Large v. Schaff

Citations

• 101 Kan. 372
• 167 P. 1054
• 1917 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad — Injury to Passenger on Railway Platform — No Actionable Negligence of Railway Company. Plaintiff was the purchaser of a railway ticket and was waiting on a railway platform for his train, which was due in half an hour. He was injured by a trunk which fell from the top of a baggage wagon while the wagon was turning from the public street across a drain at the street side into the railway company’s private driveway alongside its platform. Plaintiff sued the railway company, charging negligence in that it knew that trunks had fallen in like manner theretofore, and that it had failed to erect some protective barricade against such falling trunks, and failed to warn the plaintiff that trunks were liable to fall from baggage wagons upon that corner of the platform. The owner and driver of the baggage wagon was not in the service of the railway company. The existence of the drain at the side of the street at the entrance to the railway company’s driveway was not the fault of the railway company. Held, that the relation of the railway company to the accident and the negligence charged against it were altogether too remote; that the railway company was not the wrongdoer responsible for the plaintiff’s injuries; and that the demurrer to plaintiff’s petition was properly sustained.</p>