Suniga v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 94 Kan. 201
• 146 P. 364
• 1915 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Insufficient Number of Men to Handle Hand Gar — Personal Injuries. The plaintiff, who was an employee of the defendant, suffered an injury while replacing’ a hand car upon the track which he and three others had previously removed. The negligence charged byjffie plaintiff and found by the jury was that defendant failed to furnish a sufficient number of men to handle the car with safety. Held, that the fact that four men had lifted the car from the track and that three men had lifted it at another time under different conditions, does not overthrow the finding in favor of plaintiff; and held further, that there is sufficient evidence to support the finding.</p> <p>2. Same — Assumption of Risk. To preclude a recovery on the ground of the assumption of risk, the plaintiff must not only have knowledge of the existing conditions, but he must have realized and appreciated the assumed danger resulting from the conditions; and it is further held that the finding of the jury that the plaintiff only partly realized the danger of the undertaking is supported by the evidence.</p>