Consolidated Kansas City Smelting & Refining Co. v. Schulte

Appellee, a minor, suing by next friend, brought this suit to recover damages arising out of the death of her father, an employe of appellant. The death of deceased resulted from personal injuries sustained in attempting to couple two 'slag cars of defendants operated upon a line of railroad belonging to appellant.

[1] The court, in its charge, defined negligence, ordinary care, and contributory negligence as follows:

“ ‘Negligence’ is a failure to do what a reasonably prudent person would ordinarily have done under the same or similar circumstances, or in doing what a reasonably prudent person…