Walters v. Missouri Pacific Railway Co.

Citations

• 82 Kan. 739
• 109 P. 173
• 1910 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Duty to Stop Train Long Enough to Enable Passenger to Alight with Safety. It is the duty of a railway company to use the highest degree of care which is reasonably practicable in transporting passengers and in setting them down at their destination, and the failure to stop a train at the destination of a passenger and afford him an opportunity to alight with safety is culpable negligence.</p> <p>2. - Contributory Negligence of Passenger Alighting from Moving Train under Direction of Conductor. Where the railway company fails to stop its train at the destination of a passenger, and as it is passing the station the conductor of the train advises and directs the passenger to alight from the train while it is moving at a speed of from three to four miles an hour, the question whether the passenger who acts on the direction of the conductor and is injured is guilty of contributory negligence is one for the determination of the jury.</p> <p>3. Special Findings — Consistency—Evidence—Duty of Jury to Follow Instructions. The special findings of the jury examined and found not to be without support in the evidence nor contrary to the instructions of the court, and not inconsistent with the general verdict.</p>