Thompson v. Union Traction Co.

Citations

• 103 Kan. 104
• 172 P. 990
• 1918 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Surface Oil Pipe — Pipe Broken — Damages. A company which maintains an oil pipe on the surface of a highway, through which inflammable oil is flowing, is liable in damages to one who without negligence on his part breaks the pipe by driving a threshing outfit over it and sustain's injury and loss from the escaping oil.</p> <p>2. Same — Surface Oil Pipe — Rights of User of Road. In taking their threshing outfit into a field adjoining the highway, in order to thresh a crop, the plaintiffs were entitled to use not only the worn part of the highway but also the whole width of the same so far as it was necessary.</p> <p>3. Same — Surface Oil Pipe — Damages—Evidence for Jury. In an action to recover damages resulting from the breaking of an exposed oil pipe a demurrer to plaintiffs’ evidence was sustained, and upon an examination of the evidence it is held to have been sufficient to take the case to the jury as to the negligence of the defendant, and also as to the plaintiffs’ contributory negligence.</p>