Union Pacific Railroad v. Luck

Citations

• 79 Kan. 320
• 100 P. 278
• 1909 Kan. LEXIS 183

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads—Injury to Passenger—Negligent Operation of Train ■—Evidence. The plaintiff, a passenger on one of the defendant’s trains, desired to stop at the station of Carneiro. . After the train left the last station before Carneiro a train employee announced that Carneiro would be the next stop. Soon afterward the train stopped a half mile or more from the station, where there were no facilities for the discharge of passengers. It was night, very dark, and raining very hard. The plaintiff could not see where he was and undertook to leave the train. While he was in the' act of swinging to the ground from the lowest step of his car the train started, and he was precipitated into a ditch beside the track and injured. Accepting all the plaintiff’s evidence as true, it is held that negligence on the part of the defendant was not established.</p>