83 Kan. 497 | Kan. | 1910
The opinion of the court was delivered by
This action was commenced in the district court of Reno county by W. C. Burgess to recover damages for a personal injury received by being struck by one of the defendant’s passing trains. He recovered therefor, and the defendant appeals.
The plaintiff was at Ellinwood, and wished to go to Raymond. He boarded a train which did not stop at Raymond. When about two miles from Raymond the conductor asked him for his ticket. He had none. When he told the conductor that he wanted to stop at Raymond and would pay cash fare he was informed that he could not stop the train at that place, and that he must get off. The train was stopped and he was ejected. This was not negligence.
The plaintiff was intoxicated to the extent of being stupefied and drowsy. He was left by the side of the track, and he attempted to follow the train afoot, on the track. After walking a short distance he sat down on the end of a tie, and. was soon overcome with a stupor. While in this condition a train passed along and struck his side, whereby he was pushed off to the side of the track and severely injured.
It is claimed that the men in charge of the train which struck the plaintiff were negligent in not discovering him in time to avoid the injury. It was a
In harmony with these cases we hold that the company was not guilty of such negligence as creates a liability. The judgment is reversed, with direction to enter judgment for costs in favor of the defendant.