Stephenson v. Missouri, Kansas & Texas Railway Co.

Citations

• 85 Kan. 626
• 118 P. 1045
• 1911 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Allegations of Petition — Evidence—No Variance. A member of the crew engaged in operating a pile driver, in the employ of a railway company, was killed by being crushed between two cars, while engaged in unfastening a clamp which bound one of them to the rail. In an action against the company by his widow the jury found upon sufficient evidence that while he was at work between the cars another workman, who had unfastened a similar clamp on the other side of the car, negligently signaled for the rest of the train to be coupled to this car. Held, that a new trial is not required (1) by the fact that the petition, in charging the defendant with negligence in causing the coupling to be made while the deceased was still at work between the cars, named as the employees responsible therefor the engineer, fireman, conductor, brakeman, and foreman, and did not mention the employee who was found' to have been directly at fault; nor (2) by the fact that the jury also found that the engineer, conductor and foreman were negligent in being absent from their respective posts of duty.</p>