Missouri Pacific Railway Co. v. Brinkmeier

Citations

• 77 Kan. 14
• 93 P. 621
• 1908 Kan. LEXIS 219

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Compliance with Safety Appliance Act — Injury to Employee. A railway company doing business as a common carrier engaged in interstate commerce has complied with the requirements of the act of congress relating to safety appliances enacted March 2, 1893 (27 U. S. Stat. at L. p. 531), and its amendments of 1903 (32 U. S. Stat. at L. p. 943), when it equips its cars with automatic couplers as prescribed by such act, and it will not thereafter be subject to- the conditions imposed by section 8 of such enactment on account of subsequent defects in the couplers which ordinary care and diligence could not have avoided.</p> <p>2. Petition — Allegations and Proof — Interstate Commerce. A petition contained an averment which reads: “The Missouri Pacific Railway Company is and was, at all the times hereinafter mentioned, a corporation . . . doing business as a railway company, as a common carrier, in, into and through the counties of Sedgwick and Reno, in the state of Kansas, and into the states of Colorado, Nebraska, Missouri, Arkansas, Texas, Oklahoma and Indian Territory.” Held, that it was not error^ to admit evidence thereunder showing that such railway company was engáged in interstate commerce.</p>