Quilantan v. Union Pacific Railroad

Citations

• 109 Kan. 111
• 197 P. 1095
• 1921 Kan. LEXIS 89

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Injury to Trackman — Assumption of Risk. The facts disclosed by the plaintiff’s own testimony show that in remaining on the track until struck by the defendants’ engine, he took his chances— assumed the risk.</p> <p>2. Same — No Actionable Negligence of Defendants Shown. The record also shows that the defendants were not guilty of negligence in failing to warn the plaintiff of the approach of the train which injured him.</p> <p>3. Same — Instructions. No error is found in the instructions given.</p>