Stocks v. Leavenworth Terminal Railway & Bridge Co.

Citations

• 94 Kan. 604
• 146 P. 1178
• 1915 Kan. LEXIS 135

Syllabus

<p>syllabus by the court.</p> <p>1. Employee — Injured While Operating Drawbridge■ — Negligence of Superintendent — Failure to Give Warning — Superintendent and Employee Not Fellow Servants — Liability of Bridge Company. Ail employee of a bridge company was engaged, with others, in turning the span of a drawbridge by pushing on levers inserted in the keys of the pivot machinery in compliance with the orders and signals given by the superintendent of the company. The view of the men who were pushing on the levers was partially obstructed, and while at work they could not observe the relative positions of the passing boat and drawspan of the bridge. The superintendent directed the men to open the bridge for the passage of a boat, and before it had passed through ordered them to reverse and close the bridge. The boat, not having cleared the opening, was turned by the wind and began to drift towards the bridge, when the superintendent ordered the opening to be widened, but before the order could be carried out the boat struck the drawspan, causing the keys to revolve rapidly and one of the levers to strike and injure the plaintiff. The superintendent observed that the boat was drifting towards the drawspan and realized that it would strike the span, but gave the men at the levers no warning of the peril, although he had sufficient time to have done so and thus have prevented the accident and safeguarded the men. In an action to recover for the injury sustained by plaintiff it is held that the superintendent and the plaintiff were not fellow servants, and that the failure of the superintendent to give a warning to the plaintiff violated a duty which the bridge company owed to the plaintiff.</p> <p>2. Same — Verdict—Does Not Indicate Passion or Prejudice. Under the evidence it is held that an award of $6000 to the plaintiff can not be deemed to be so excessive as to indicate passion and prejudice on the part of the jury.</p>