St. Louis & San Francisco Railroad v. Burgess

Citations

• 72 Kan. 454
• 83 P. 991
• 1905 Kan. LEXIS 373

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Service of Notice. The written notice to a railroad company of injuries sustained by an employee through the negligence of coemployees, required by chapter 393 of the Laws of 1903 before a liability for such injuries can be enforced against the railroad company, may be served upon a ticket agent of the company.</p> <p>2. -Assumption of Risk — Question for a Jury. Under the facts and circumstances of this case it is held, that the question whether an employee of a railroad company who was injured while digging a ditch, through the caving of a bank, assumed the risk of the employment, or was guilty of contributory negligence, was properly submitted to the jury for their determination; and that there is testimony fairly tending to support their finding.</p>