Rodgers v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 97 Kan. 318
• 154 P. 1027
• 1916 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Personal Injuries — Cause of Accident Unknown — No Damages Without Proof of Negligence. The plaintiff alleged that her husband was a passenger on one of defendant’s trains and that upon arrival at' his destination he undertook to walk alongside the train, and while walking past a water tank he slipped upon ice which had been negligently allowed to accumulate there, fell under the wheels of the train and was killed. His lifeless body was found on one side of the track and his severed legs between the rails of the track. He had expressed a purpose to come- to the place where he was killed, on one of defendant’s trains. No one saw him upon the train, nor leaving it; nor was there any evidence that he had purchased a ticket for passage upon the train. No proof was produced as to how he happened to be killed, outside of the circumstances of the location of his body and the conditions existing there. Held, that the evidence in the case, only a part of which has been stated, was not sufficient to show that the defendant failed to perform any duty which it owed to him and that his death was the proximate result of defendant’s negligence.</p>