Nicholson v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 95 Kan. 13
• 147 P. 1123
• 1915 Kan. LEXIS 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroad — In Process of Construction — Negligent Construction and Inspection — Sinking Road Bed — Assumption of Risk by Employee. Where a portion of a line of railroad in process of construction has been completed, inspected, and passe.d, and a speed of ten miles per hour over that portion has been authorized, the conductor of a construction train, carrying materials to the site of track-laying operations and running at the rate of four miles per hour, -does not assume the risk of injury from the sinking of an approach to a bridge in the completed part of the road due to negligent construction and inspection.</p> <p>2. Same — Railroad Company Liable for Negligence of Construction Company. The effect of certain evidence stated, and held that the plaintiff was the servant of the defendant, who chose to construct the new line through the instrumentality of a corporation which it created, officered, and financed entirely within itself.</p>