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

Citations

• 78 Kan. 1
• 96 P. 1007
• 1908 Kan. LEXIS 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Release from Liability for Negligence — Express Messenger. (Where an express company contracts with the railway company by means of whose trains it carries on its business that it assumes all risk of injury to its employees and undertakes to save the railway company harmless from any claims with respect thereto, and contracts with one of its employees that neither it nor the railway company shall be liable to him for any injury occurring to him while traveling on any of such trains in the course of such employment, such employee can not maintain an action jfor injuries received while so traveling in consequence of the negligence of the agents of the railway company.</p> <p>2. Death by Wrongful Act — Waiver of Right of Action. Where one has made a valid contract which would prevent him from maintaining an action in his own behalf on account of an injury received through the negligence of another, if his death results in consequence of such injury no action can be maintained therefor in behalf of his widow or next of kin under the statute (Gen. Stat. 1901, § 4871) which gives an action for wrongful death if the decedent might have maintained one if he had lived.</p> <p>SYLLABUS BY THE COURT.</p> <p>Contracts — Release from Liability for Negligence — Express Messenger. In view of the Kansas statutes making a railroad company liable for all damages done to persons or property in consequence of any neglect on its part (Gen. Stat. 1901, § 5857), and for all damages done to any of its employees in consequence of any negligence of its agents or by any mismanagement of its engineers or other employees (Gen. Stat. 1901, § 5858), although an express company contracts with the railway company by means of whose trains it carries on its business that it assumes all risk of injury to its employees and undertakes to save the railway company harmless from any claims with respect thereto, and contracts with one of its employees that nei