71 P. 587 | Kan. | 1903
The facts of this case are conclusively determined by the findings of the jury. No new principles of law are involved, and no peculiar application of settled principles is presented.
For eleven months the deceased had been employed by the Pullman Oar Company to clean carpets in the yards of
The case of Railway Co. v. Moffatt, 60 Kan. 113, 55 Pac. 837, relied on by the plaintiff in error, has no application, for the reason that the obstructions in that case were natural conditions, while in the case at bar they were self-imposed. No presumption of care can, therefore, be indulged. From the facts found but one conclusion can be drawn, and that is that whatever the rights of the deceased to the use of the tracks may have been, and whatever the duty of the railway company toward him may have been, his own negligence was the proximate cause of his death.
The judgment of the district court is therefore affirmed.