Metz v. Missouri Pacific Railway Co.

Citations

• 90 Kan. 463
• 135 P. 578
• 1913 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Special Findings — Assumption of Risk— Verdict Set Aside. Where the special findings establish that plaintiff’s injuries resulted from one of the ordinary risks which he had assumed when he entered into defendant’s employ, it was the duty of the court to set aside the general verdict in his favor and render judgment for the defendant.</p> <p>2. - Samé. A section hand, while walking at the outside of the rails behind a push car, stumbled over the end of a tie and thereby received injuries. Held, that he can not recover from the railroad company on the ground of its negligence in allowing the track to be overgrown with weeds and the ties to project at irregular intervals, where the jury find that he was familiar with the condition of the ties and knew that the track was overgrown with weeds.</p>