Mazeffe v. Kansas City Terminal Railway Co.

Citations

• 106 Kan. 796
• 189 P. 917
• 1920 Kan. LEXIS 656

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Master and Servant — Injury to Servant — Injury Did Not Arise Out of and in Course of Employment. A terminal railway company was engaged in constructing an embankment on which to lay a railroad, and a workman employed by the company in making the embankment was killed while crawling under a car in the yards of another company, at a distance of about three .hundred and fifty feet from his place of work. He had choice of several routes of travel in order to reach his work. Although the workmen and others frequently crossed the yards in which he was killed, in going to and from their work, no right of ingress or egress over them had been given to the terminal company, and that company had no interest in or control over the yards. Held, that the accident to the workman occurred while he was on his way to assume the duties of his employment, and that his injury and death did not arise out of and in the course of his employment.</p>