Ray v. Kansas City-Western Railway Co.

Citations

• 82 Kan. 704
• 109 P. 172
• 1910 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Employee at Work upon a Railway Track ' —Duty to Keep Lookout. In an action for personal injuries received by one of the crew of an electric car which had been derailed, while he was picking up the tools that had been used in replacing it, by being struck by another car, held, that the evidence justified a recovery on the theory that the plaintiff was injured while engaged in work requiring his presence upon the track under such circumstances that he was not under an absolute duty to keep an outlook, and that the motorman of the approaching car, in view of what he saw, could have anticipated that some one might be in a place of danger and ought to have stopped or sounded a warning.</p>