Thornbro v. Kansas City, Mexico & Orient Railway Co.

Citations

• 92 Kan. 681
• 142 P. 250
• 1914 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Death of Brakeman — Rule as to Coupling Cars —Waiver. A rule of the defendant company provided that “coupling apparatus must be examined and if out of order must not attempt to make coupling. They [the employees] are warned not to . . . go between cars in motion to uncouple.” The jury found that the rule was not enforced but was disregarded by the defendant at the time of the injury for which the action was brought. Upon an examination of the evidence it is held sufficient to support the findings and the general verdict by which, upon the issues presented, a Waiver of the rule was also found. Questions concerning the interpretation of the rule are referred to but not decided.</p> <p>2. Same — Federal Employers’ Liability Act — Interstate Commerce. The question whether the brakeman was engaged in interstate commerce at the time he was killed, decided in the former opinion, is reconsidered, and that opinion is adhered to.</p>