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

Citations

• 84 Kan. 213
• 114 P. 219
• 1911 Kan. LEXIS 308

Syllabus

<p>SYLLABUS'BY THE COURT.</p> <p>1. Railroads — Duty of Employee at Work upon the Track. A brakeman whose duties require his presence upon a railway track and who is actively engaged in giving signals for the movement of his train, and whose attention is necessarily absorbed in this work, is not required absolutely, as a matter of law, to look up and down the track for approaching trains, but must exercise such care for his own safety as the danger of his surroundings would suggest to a man of ordinary prudence, and the circumstances will permit.</p> <p>2. Contributory Negligence — Employee Injured While at Work on Railway Track. A question of contributory negligence arising upon the failure of a brakeman to look for an approaching train while actively engaged in giving signals for the movement of his own train, and while giving necessary attention thereto, is held, under the evidence in this case, to be one of fact for a jury.</p>