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

Citations

• 97 Kan. 455
• 155 P. 788
• 1916 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wrongful Death — Contributory Negligence — Inconsistent Findings. In an action for wrongful death, under the federal employer’s liability act, a general verdict for the plaintiff must be set aside where the jury declares in one finding that the accident would have happened even if the decedent had not been negligent, and in another that his negligence contributed to it, no deduction from the amount allowed appearing to have been made on that account.</p> <p>2. Same — Rule of Railroad Company — Switch Yards — Approaching Trains — Duty of Employees. A rule of a railroad company that at certain places all trains and engines will have the right to work within yard limits regardless of extra trains, but will give way as soon as possible upon their approach, and that such trains must approach yard limits under control, the responsibility for accident at such points resting upon them, does not place a duty upon employees in charge of a switch engine working upon the main track at a station to withdraw therefrom immediately upon notice of the approach of an extra train at some distance.</p> <p>,3. Same — Duty of Employees in Charge of Switch Engine. Such a rule, however, does not exempt the employees in charge of the switch engine from taking any precautions to avoid collision with an approaching extra that may, in view of all the circumstances, be necessary to the exercise of reasonable care.</p> <p>4. Same. Whether such a rule by itseli constitutes a sufficient means for - protecting the crew of an incoming extra from collision is ordinarily a question of fact.</p>