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

Citations

• 102 Kan. 542
• 171 P. 612
• 1918 Kan. LEXIS 88

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Shipper op Stock. — Dangerous Position Voluntarily Taken, — Injuries— Railway Company Not Liable. One who was traveling on a shipper’s pass, accompanying stock being transported to market, got off the caboose at a station where the train was stopping to unload other stock, and while waiting at the station was ordered or directed by the station agent and a brakeman to take a key and deliver it to the train crew at the cattle pens and to ride back on that part of the train. He voluntarily obeyed the order or direction, and while getting upon the side of a car to ride back, was caught between the side of the car and the cattle chute and received injuries from which he died. Held, that as he voluntarily placed himself in a position of obvious danger and was not engaged in looking after or caring for the stock in his charge, the railroad company is not liable in an action to recover for his death. (A. T. & S. F. Rld. Co., v. Lindley, 42 Kan. 714, 22 Pac. 703.)</p>