Whitehead v. Missouri, Kansas & Texas Railway Co.

Citations

• 83 Kan. 221
• 109 P. 774
• 1910 Kan. LEXIS 501

Syllabus

<p>Negligence — Crossing Railroad Tracks in Front of Motionless Engine — Starting Engine without Signaling. Where a team while crossing a railroad track was frightened by the steam from an approaching engine, in an action for resulting damages it was held (1) that it was not necessarily negligent for the driver to attempt to cross in front of the engine, which had been standing still for five minutes and the crew of which gave no signal that it was about to be started, and (2) that it was for the jury to say whether the starting of the engine without such signal, after the driver was seen to be attempting to cross in front of it, was negligence on the part of the railroad company.</p>