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

Citations

• 91 Kan. 556
• 138 P. 616
• 1914 Kan. LEXIS 78

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employer’s Liability Act — Injuries—Loading Rails on Flat Car — Projecting Rail Not an Obstruction “Within the Mean-of the Act.” In loading rails on a flat car one of them was. so laid as to project over the side of the car and an employee in lifting another rail upon the car struck his hand, against the projecting rail and sustained an injury. In an action to recover for the injury it is held that the projecting-rail was not an obstruction within the meaning of the employer’s liability act (Laws 1911, ch. 239), which provides,, among other things, that a railroad company shall be liable to an employee who shall be injured by reason of “any insufficiency of clearance of obstructions.”</p> <p>2. Same — “Clearance of Obstructions” defined. “Clearance of obstructions” as used in the act means the removal of impediments that would interfere with the passage of engines, coaches, cars or trains or the safety of employees working-on or near vehicles moving over the rails of a railroad.</p>