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

Citations

• 85 Kan. 150
• 116 P. 234
• 1911 Kan. LEXIS 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Passenger on Freight Train — Willful Negligence. A passenger on a freight train was injured while attempting to alight from the steps of the caboose while the train was moving. Before becoming a passenger he signed a release relieving the company from liability for injuries except those occasioned by willful negligence. In an action to recover damages he set up two causes of action, the first charging that his injuries were caused by the willful negligence of the conductor of the train. Held, there being no evidence tending to show willful or wanton negligence of the company or its employees, the demurrer to the evidence to the first cause of action should have been sustained.</p> <p>2. Damages — Unlawful Detention — Proximate Damages. The plaintiff was a man seventy-five years of age. When he fell one of the bones of his right leg was broken. After the accident the conductor came to where he was lying on the platform and informed him that the law required him to obtain from the plaintiff a written statement. Relying upon the truth of what the .conductor told him, he consented to remain and make the statement, and was detained thereby from fifteen to twenty minutes before he was taken home. Held, that evidence of such facts justified a finding that his detention was unlawful and that the company is liable for such, damages as were the natural and proximate result thereof.</p> <p>3.--- Unlawful Detention — Authority of Conductor of Freight Train. It appearing that the conductor was instructed by the railway company to obtain from injured passengers written statements, it is held that he was acting within the scope of his authority in detaining the plaintiff for that purpose.</p> <p>4. -■ Unlawful Restraint by Words or Acts or Both. In such a case it is held that there was no error in giving an instruction that if the company detained the plaintiff against his will and prevented his being taken immediately to his home, s