McBeth v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 95 Kan. 364
• 148 P. 621
• 1915 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Railroad Crossing — Negligence Found — Not Charged in Petition. Where the negligence found by the jury is not the negligence charged in the petition nor fairly to be inferred therefrom, the defendant is ordinarily entitled to judgment.</p> <p>2. Same. Where through some unknown cause an automobile engine stopped on a railway crossing in the open country and a heavy passenger train was speeding towards the crossing at fifty-five miles an hour from a point in plain view half a mile away, and the occupants of the car stepped out and began to apply themselves in seeking to crank the car and to push it from the track, and where the engineer of the train applied the emergency brakes as soon as he had a chance to discover that the car was stalled on the track, but the train was not stopped in time to prevent a collision, the railway company can not be held to have been negligent nor liable-in damages for^the value of the car.</p>