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eBook details

• Title: Saliba V. Union Pacific Railroad Co.
• Author : Kansas Supreme Court
• Release Date : January 06, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Plaintiff filed a personal injury action against a railroad and three railroad employees to recover for injuries received when the vehicle plaintiff was driving collided with a train at a railroad crossing. The district court granted the railroad's motion for summary judgment, finding that, under the circumstances, the railroad crossing was not unusually dangerous and the railroad owed no duty to take extra precautions to warn plaintiff. Plaintiff appeals, claiming (1) in granting summary judgment the Judge erred by concluding as a matter of law that the railroad crossing was not unusually dangerous and that, therefore, the railroad owed no duty to plaintiff, and (2) K.S.A. 66-234 allows a negligence claim against a railroad based upon the physical characteristics of a train and the actions of railroad employees, irrespective of whether the railroad crossing is unusually dangerous.

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