McCallion v. Missouri Pacific Railway Co.
Citations
- 74 Kan. 785
- 88 P. 50
- 1906 Kan. LEXIS 143
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — -Liability to Injured Servant of One Furnishing Defective Car to the Master. A railway company which furnishes a defective car to the employer of another is not liable in damages for injuries to the servant of the employer caused by such defect, when the employer knew of the defect in time to have repaired the same or to have warned the servant, but neglected to do either.</p> <p>2. - Contributory Negligence- — Emergency—-Perilous Alternative. It is not contributory negligence, as a matter of law, for one who is placed in a dangerous position by another’s negligence to adopt in a sudden emergency a perilous alternative in an endeavor to avoid danger to himself or to others, although it may turn out that he should have acted differently. '</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The general rule is that possession cannot be tacked to make out title by prescription where the deed under which the last occupant claims title does not include the land in dispute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Porter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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