Waymire v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 107 Kan. 90
• 190 P. 588
• 1920 Kan. LEXIS 18

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Death of Section Foreman — No Actionable Negligence Proven. In an action under the federal employers’ liability act to recover for the death of a section foreman who, with the other section men, rode on a hand car following a freight train into a station and stopped his car within a car length or two at the rear of the train, which was backed up without the giving of any signal and struck and killed the foreman, held, on the facts stated in the opinion, the railroad company owed the deceased .no duty to warn him of the backward movement of the train.</p>