Springer v. Chicago Great Western Railroad

Citations

• 95 Kan. 408
• 148 P. 611
• 1915 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Railroad Crossing■ — Negligence as Found by the Jury. Where the jury in a personal-injury case are asked to state in what respect the defendant was negligent, ■ and in answer refer only to a single matter, this does not preclude another form of negligence, the existence of which they had already specifically found, being relied upon to support a verdict for the plaintiff.</p> <p>2. Same — Negligence of Bralceman - After He Saw Decedent’s Danger. Where an automobile collides with the rear end of a freight train, and is pushed for a considerable distance along the track and then overturned, an occupant being run over and killed, the railroad company is liable for the death, notwithstanding any negligence of the decedent prior to the collision, if its employees could by exercising reasonable care, ' after becoming aware of the danger, have stopped the train before the overturning of the automobile.</p>