Union Pacific Railroad v. Brown

Citations

• 73 Kan. 233
• 84 P. 1026
• 1906 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Question of Law or Fact. When the facts upon which a question of negligence depends are in dispute, the question is one to be answered by the jury under proper instructions; but where the facts are not in dispute, and only one inference or deduction is to be drawn from them, they present a question of law for the court. (Dewald v. K. C. Ft. S. & G.'Rld. Co., 44 Kan. 586, 24 Pac. 1101.)</p> <p>2, Railroads — Opening Vestibule before Station is Reached. When a passenger-train of vestibuled coaches is approaching a station where passengers are to leave .the train, and after the brakemen have called the name of the station to passengers who may desire to alight, it is not negligence for the trainmen to open the side door and the floor door of a vestibule and leave them while open till the station is reached.</p>