Zirkle v. Missouri Pacific Railway Co.
Citations
- 67 Kan. 77
- 72 P. 539
- 1903 Kan. LEXIS 210
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury at Crossing. A person who stands on a railway-track engaged in conversation, with his back turned toward a string of stationary freight-cars about fifty feet distant on the same track, which he has seen, is guilty of such contributory negligence that no recovery can be had for his death caused by the sudden movement of the cars toward and against him without warning. The fact that deceased was waiting for another train to pass, which barred his way, cannot excuse his negligent act.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- judgment notwithstanding the verdict was improperly granted to the defendant on motion for a new trial because there was no verdict to support the judgment; new trial ordered
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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