McAdow v. Kansas City Western Railway Co.

Citations

• 96 Kan. 423
• 151 P. 1113
• 1915 Kan. LEXIS 397

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Railroad Accident — Contract for Indemnity — Evidence Sufficient as against Demurrer. The evidence examined and held sufficient to take to the jury the question whether a railway company had contracted with an employee to pay him half wages during any disability resulting from an injury received in the course of his service.</p> <p>2. Same — Action on Contract Not Barred by Judgment for Negligence. An action by an employee to recover upon a contract that he should receive half wages during disability resulting from an injury occurring in the course of his service is not barred by a judgment in his favor for damages on account of the same injury based on the theory that it was the result of his employer’s negligence.</p> <p>3. Same — Railroad Has Power to Make Indemnity. Contract. ' A railroad corporation has incidental power to contract with its own employees to pay them half wages during disability resulting from service accidents.</p>