Westine v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Appeal from Neosho district court. STATEMENT. This is an appeal by the defendant from an order granting a new trial after a demurrer to the plaintiff’s evidence had been sustained. . The plaintiff was a brakeman on a freight train running between Chanute, Kan., and Tulsa, Okla., and was injured while performing his duties at Tulsa. Three parallel tracks of the defendant extend north and south through that place, crossing Second, Third, Fourth and Fifth streets.
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Appeal from Neosho district court. STATEMENT. This is an appeal by the defendant from an order granting a new trial after a demurrer to the plaintiff’s evidence had been sustained. . The plaintiff was a brakeman on a freight train running between Chanute, Kan., and Tulsa, Okla., and was injured while performing his duties at Tulsa. Three parallel tracks of the defendant extend north and south through that place, crossing Second, Third, Fourth and Fifth streets. These streets are 300 feet apart. The passenger depot is between Third and Fourth streets, with a platform extending from the…
1Dissent
Burch, J.:
(dissenting) : The case of Ray v. Railway Co., 82 Kan. 704, was decided upon an interpretation of the facts. Although the plaintiff was merely picking up a board, he was in fact doing the last act of clearing the track. Therefore he was placed in the category of those who work on the track, and consequently are relieved from the absolute duty of looking and listening. Still, such persons must keep a lookout consistent with their duties. I am unable to assign the plaintiff to that class. His work did not hold his attention to the narrow field of a place on the track. It was his…
2Cases cited1 opinion
- Ray v. Kansas City-Western Railway Co.Supreme Court of Kansas · 1910