Legal Opinion

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

Supreme Court of Kansas

Decided April 11, 1908No. 15,462PublishedCited by 6 opinions

Error from Ford district court; Edward H. Madison, judge. STATEMENT. Charles E. Stone, an unmarried man about twenty-one years of age, was employed by the. Atchison, Topeka & Santa Fe Railway Company at Dodge City as a water-changer. He had been employed at that business about fourteen days, but was familiar with its. duties. Before being employed as water-changer he had been a “roustabout” in the roundhouse at that place about three years.

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Error from Ford district court; Edward H. Madison, judge. STATEMENT. Charles E. Stone, an unmarried man about twenty-one years of age, was employed by the. Atchison, Topeka & Santa Fe Railway Company at Dodge City as a water-changer. He had been employed at that business about fourteen days, but was familiar with its. duties. Before being employed as water-changer he had been a “roustabout” in the roundhouse at that place about three years. On July 16,1905, engine No. 531 came in from a trip, and Stone was directed to change, the water in it, and he proceeded to do so; but while engaged in…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

The plaintiffs are prevented from recovering in this case because of the contributory negligence of the person injured. The facts found by the jury clearly indicate that Charles E. Stone was fully aware of the defective condition of the blow-off pipe when he used it. While there is no direct evidence of this fact, it is beyond the range of reasonable possibility that it could escape his notice. He, better than any other person, had an opportunity to see and know its condition. He had it in his hands and screwed it into the blow-off cock. Its…

2Cases cited11 opinions

  1. Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
  2. Walker v. ScottSupreme Court of Kansas · 1901
  3. Gillaspie v. United Iron-works Co.Supreme Court of Kansas · 1907
  4. Southern Kansas Railway Co. v. MooreSupreme Court of Kansas · 1892
  5. Atchison, Topeka & Santa Fé Railroad v. SchroederSupreme Court of Kansas · 1891

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3Cited by6 opinions

  1. Schoof v. ByrdSupreme Court of Kansas · 1966
  2. Uhlrig v. ShorttSupreme Court of Kansas · 1964
  3. Goure v. StoreyIdaho Supreme Court · 1909
  4. Riverside Iron-works Co. v. GreenSupreme Court of Kansas · 1909
  5. Davis v. City of El DoradoSupreme Court of Kansas · 1928

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