59 P. 1075 (Kan. 1900), 11,445, Carrier v. The Union Pacific Railway Company

Docket Nº:11,445
Citation:59 P. 1075, 61 Kan. 447
Opinion Judge:SMITH, J.:
Attorney:E. W. Blair, and Garver & Larimer, for plaintiff in error. A. L. Williams, N. H. Loomis, and R. W. Blair, for defendant in error.
Case Date:February 10, 1900
Court:Supreme Court of Kansas

Page 1075

59 P. 1075 (Kan. 1900)

61 Kan. 447




No. 11,445

Supreme Court of Kansas

February 10, 1900

Decided January, 1900.

Error from Saline district court; R. F. THOMPSON, judge.


THIS was an action for personal injuries brought by the plaintiff in error against the railway company. Particular questions of fact were submitted to the jury. They returned answers to the same, together with a general verdict, in favor of the defendant below. The facts of the case found by the jury are, in substance, as follows:

The crew in charge of the train consisted of an engineer, fireman, conductor, and brakeman. Carrier was the brakeman. When the train, which was a south-bound one, reached Delphos, the rear part of it was left at the depot, while the locomotive with some cars attached went south of the depot for a considerable distance to do some switching. While the switching was going on the conductor was at the depot, and Carrier attended to the coupling of cars and to the giving of necessary signals for the movement of the locomotive. Some cars were standing on the main track which had to be coupled to those attached to the locomotive. Carrier made the couplings. While doing this work he was on the fireman's side of the engine. While the work was going on the engineer occupied his post on the right-hand side of the engine, where he attended to its operation. The fireman received the signals given by Carrier and transmitted them to the engineer. After Carrier had coupled up the cars standing on the main track, it was necessary for the cars attached to the locomotive to move northward from 600 to 900 feet before reaching the cars which had been left standing at the depot. There was no further coupling to be done until the cars attached to the locomotive had been backed down to those standing at the depot.

After Carrier had coupled up the last of the two cars standing on the main track, the train immediately began to back toward the cars standing at the the depot, and Carrier started toward the north end of the moving train. The car he was compelled to walk past to get to the end of the train was thirty feet long, and as the cars were moving at the same time, the distance he walked must have been considerably greater than thirty feet. The object which Carrier had in view in going to the end of the moving train was to insert a link in the draw-head of the last car, so that he would be ready to couple the two portions of the train together when the depot was reached. He went about five or six feet ahead of the moving train and then started to step in between the rails for the purpose of inserting the link in the draw-head when the moving cars reached him. At that time the train was approaching at the rate of about four miles per hour. There were several inches of snow on the ground, which made it slippery and more difficult and dangerous for Carrier to get around. As he stepped between the rails to insert the link in the draw-head of the approaching car he slipped and fell, and had his leg run over and crushed. At the time he fell he was not in a position to be seen by either the engineer or the fireman...

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