O'Banion v. Missouri Pacific Railway Co.

Citations

• 65 Kan. 352
• 69 P. 353
• 1902 Kan. LEXIS 57

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Estoppel. A party who, in the .cross-examination of a witness, calls for incompetent testimony cannot complain of its admission.</p> <p>2. Railroads — Trespassers—Authority of Braheman. Itiswithin the scope of the implied authority of a brakeman in charge of a freight-train to eject trespassers therefrom. (K. C. Ft. S. & G. Bid. Go. v. Kelly, 36 Kan. 655, 11 Pac. 172, 59 Am. Rep. 596.)</p> <p>3. -Injury to Trespasser — Discharge of Duty — Questions for Jury. It is peculiarly within the province of a jury to determine whether a brakeman who forcibly ejected a trespasser from a car did so in discharge of the duty he owed the railroad company to remove such persons, or for the purpose of extorting money from such trespasser, or out of resentment to him for his failure to pay a demand for money made by the brakeman.</p>