Missouri Pacific Railroad v. Johnson

Citations

• 69 Kan. 721
• 77 P. 576
• 1904 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Question for Jury. Whether an engineer who, while he was under his engine looking for a hot box, was killed by the impact of some cars which had been kicked up a grade and then had rolled back against his engine, was guilty of contributory negligence, barring a recovery, by placing himself in a position of danger at the time and place and under the circumstances, was a question for the jury.</p> <p>2. Negligence—Not Necessary to Be on Guard at All Times. Negligence is not imputable to a person for failing to guard against accident when, under the circumstances, he had no reason to apprehend danger.</p>