Morris v. Lusk

Citations

• 103 Kan. 220
• 173 P. 346
• 1918 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespasser — Two-year-old Child on Railroad Track — Duty of Railroad Company. The duty owed by a railroad company to a child two years old who wanders upon its right of way and track at a place where the presence of children and others is not within reasonable anticipation is to exercise reasonable care to avoid injury to him after discovering his peril.</p> <p>2. Same — Speed of Train — Not Negligently Excessive. Although 'the neighborhood through which the passenger train was running was populous, a speed of 45 miles an hour along that part of the railroad where the child was struck and where the presence of children ánd others might not be anticipated, cannot be regarded as negligently excessive as against the child.</p> <p>S. Same — Failure of Trainpien to Discover Trespasser — No Violation of-Duty. The failure of the trainmen to have discovered the child at that place at the earliest possible moment, or 'to have kept a continuous lookout along the track at that time and place, was not a violation of their duty toward him.</p>