St. Louis & San Francisco Railroad v. McMinn

Citations

• 72 Kan. 681
• 84 P. 134
• 1905 Kan. LEXIS 402

Syllabus

<p>Railroads — Injury to Employee — Contributory Negligence. Plaintiff was working as a section-hand at a crossing where there were parallel tracks. All ingoing trains ran over the east track, and all outgoing trains ran over the west track. The plaintiff knew that about twenty-five trains daily passed either way. He was warned that a train was approaching, and stepped between the tracks, but stood close to the east track, upon which another train was due: He was familiar with the surroundings, and knew that north-bound trains used the east track. There was space between the tracks to avoid danger from passing trains. Plaintiff had good hearing and eyesight, and had time to look- for approaching trains on the east track, but did not do so. While standing with his back to the south he was struck by a north-bound train, and injured. Under the facts as specially found by the jury the denial of defendant’s motion for judgment thereon was held erroneous.</p>