Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1882-01-12

jury must judge the case in the same
way. II the leap was an act which a
person of ordinary prudence might do
under the circumstances. il does not
prevent the passenger from recovering
damages. rl
Two recent cases have occurred Of in
jury to an employee occasioned by his be-
ing knocked from the top of a car by n
bridge over the road. Both have been
decided. in accordance with previous
decisions, that company is not bound
toward employees TO place its bridges
high enough to admit of a man standing
erect on car underneath. Injury from
a low bridge is one of the risks of brake
mans employment
An Illinois decision discusses the ef-
feet of conductors urging a person to
a dangerous act. A long freight train
ran into the city of Knoxville and was
left standing on the track in such posi-
ton that the middle part OF the train
stood opposite street, and thus the cars
DISTRACTED any one in crossing. This
street was the natural passage forpersons
coming TO take passenger trains. The
trainmen ought to have divided the
freight train; but they had not done SO.
Mr.: Sykes. approaching with intention
of boarding an expected train. found
himself hindered by the freight cars. and
stopped on the sidewalk, hesitating how
to cross. The conductor called to him,
"Come on under; you will have plenty
of time" Thus encouraged, MIR. Sykes
tried to creep under the freight cars. but
at that moment the engineer started
them. and Mr.. Sykes was fatally injured
The Court said that conductor has not
unlimited authority to invite persons TO
take risks, and traveller orpassenger is
not justified in doing what is evidently
foolhardy because a conductor tells him
TO. But, under circumstances like these,
the jury might well consider the compa-
nv as doubly liable: |, for fault in not
dividing the train; 2, for the conductors
invitation. The negligence, ii any, at
tributable to Sykes. was too slight to de-
feat an action for damages.
The question has often been discussed
what agents have authority 10 bind the
company by calling a physician or sur
geon to treat a person suddenly injured
by a railroad accident. Alaborer ON the
Atchison & Nebraska Railroad had his
foot nearly cut of by some accident
with the machinery in use. and the
.'boss" of the gang in which he was
working telegraphed to the General
Superintendent to know if he might
"get doctor for him" The Superin-
tendent tclegraphed in answer; Yes;
do all YOU can to save the foot and make
him comfortable" The Court held that
by this telegram from the General SUI
perintendent the boss" was authorized
to employ physician or surgeon. and
also to engage reasonable board while
the foot was being treated. Board and
care while one is suffering from wound
are within the direction to make him
comfortable. And it was not necessary
to wait for formal letter signed by the
Superintendent; a telegram was suifi-
Gent When an employee goes to a tel
egraph office and sends dispatch to
his superior, and in a short time receives
from the same operator what purports
to be an answer from his superior to his
dispatch, he is warranted in presuming
that the dispatch received is genuine,
and in acting according to it.-Rait-
road Gazette