Schwartz v. Missouri, Kansas & Texas Railway Co.

Citations

• 83 Kan. 30
• 109 P. 767
• 1910 Kan. LEXIS 465

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — “Freight Trains” — Limitation of Liability to Passengers — Mixed Train Not a Freight Train. Chapter 274 of the Laws of 1907, which provides that all freight trains to which a caboose is attached shall transport passengers, and permits railroad companies to limit their liability to passengers on such trains, except for willful negligence, does not give the right to such companies to demand a release of their liability from a passenger upon a mixed train, consisting of freight cars, a passenger coach and a combination mail-and-baggage car, regularly operated, carrying passengers, and stopping at passenger platforms as passenger trains usually do.</p> <p>2. -- Expulsion of a Passenger — Exemplary Damages» The expulsion of a passenger from a train such as is described above, for no other reason than that he refuses to sign such a release, is wrongful, but under the facts shown in. these cases exemplary damages should not be awarded.</p>