Tipton v. Topeka Railway Co.

Citations

• 89 Kan. 451
• 132 P. 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Places to Receive and Discharge Passengers Must be Reasonably Safe. Where a street railway company maintains a stopping place for its cars to receive and discharge passengers at a point which is not in a public street, but is upon public grounds opening into a public street, it owes a duty to the public to keep the place in a reasonably safe condition for passengers unfamiliar with the surroundings who come there in the nighttime to board its cars.</p> <p>2. -Passenger’s Right to Assume Place to be Reasonably Safe. An intending passenger who approaches in the nighttime a stopping place established near a public street by a street railway company to receive and discharge its passengers, and who is unfamiliar with the surroundings, has a right to assume that the tracks of the company over which he must cross in order to reach the car are not in a dangerous condition; and if, without negligence on his part, he is injured by reason of the defective condition of the tracks, the company will be liable.</p> <p>3. Evidence — Subsequent Repairs and Alterations — Competent. Evidence of subsequent repairs and alterations is competent for the purpose of showing defendant’s control over the place where the injury was received.</p>