Legal Opinion · Dissent

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

Supreme Court of Kansas

Decided May 6, 1922No. 23,698Published

Appeal from Edwards district court; Roscoe H. Wilson, judge.

1DissentWest, J.

The opinion appears to depart from the rule touching the degree of care oyer passengers which is required of carriers. It is a slight matter to have a spring sufficient to hold a door back, and a door swinging with the movement of the car because of the lack of such a spring is manifestly dangerous to alighting passengers, just about as dangerous as a hole in the platform or any one of a thousand other impediments to safe egress. I think the rule should be followed which is declared in Walters v. Railway Co., 82 Kan. 739, 741, 109 Pac. 173; Lynch v. Railway Co., 92 Kan. 735, 142 Pac. 938, and…

2Cases cited2 opinions

  1. Lynch v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1914
  2. Walters v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1910

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