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

Citations

• 70 Kan. 504
• 79 P. 132
• 1905 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury at Crossing. A railway-track crossing a public street is not a warning to a traveler going over it of danger resulting from the negligence of a gatekeeper in allowing an arm of the gate to descend and injure the person crossing the track.</p> <p>2. - Open Gates — Assurance of Safety. Open gates tended by a gatekeeper of a railway company where a public street crosses its tracks are an affirmative assurance to a traveler on the street that his safety in crossing will not be imperiled by the descent of a gate-arm.</p> <p>3. -Injury at Crossing — Contributory Negligence. After a traveler in a buggy, driving two horses, on a public street at a railway-crossing had passed over the railway-tracks, one arm of a gate in front of him was allowed by the gatekeeper to descend across the buggy in which he was riding. In an action for personal injuries against the railway company the question of contributory negligence should have been confined to the care exercised by the traveler to avoid injury at, and after, the time when the gate-arm began to descend.</p>