St. Louis & San Francisco Railroad v. Morrison

Citations

• 73 Kan. 265
• 85 P. 295
• 1906 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Frightening Team — Omission to Give a Signal. Assuming that where a private road crosses a railroad-track by means of a subway the situation is such as to authorize a court to submit to a jury the question whether the railroad company owes to one about to use or actually using such crossing a duty to give warning of the approach of a train, the omission to give such warning cannot be made the basis of a recovery for injuries received in a runaway by one whose horse is frightened by a passing train after he has driven through the subway and is traveling upon a road parallel with the track, although he is but fifty feet from the crossing.</p> <p>2. -- Place of Peculiar Danger — No Duty to Sound a Whistle. In the case stated in the foregoing paragraph the non-liability of the company is not affected by the further fact that the place where the plaintiff’s horse was frightened was rendered one of peculiar danger because the road was there confined in a narrow lane by a barbed-wire fence paralleling the railroad.</p>