Requirement of notice applies only to actions brought under statute. Railroad Co. v. Contributory negligence shown by statement attached to petition; recovery barred. Case construing Laws 1905, ch: 341: Statements made by employee in notice, etc., may be considered. Cases construing Laws 1907, ch. 281: Railway Co. v. Section man injured by fellow laborer within protection of act. Smith v. Railway Co., 82 K. 248. Allegation concerning notice considered surplusage where notice not required. Young v. Railway Co., 82 K. 332. Statute excludes application of fellow-servant rule. Brooks v. Railway Co., 95 K. 732. The practice of procuring or attempting to procure for a nominal sum a release from one still suffering from the excitement and pain of a recent injury is not to be encouraged or judicially approved. Orr v. Railway Co., 98 K. 120. § 436. Service of such notice; persons upon whom service may be made; proof of such service. The service [notice] mentioned in section 1 hereof may be served by a written copy thereof, by the person injured or any one on his behalf, upon any person designated by the railroad in any county in which the action might be brought, as provided in section 4499 of the General Statutes of Kansas of 1901, or if no such person has been designated or appointed, as in said section provided, then upon any local superintendent of affairs, freight agent, agent to sell tickets, or station keeper of such company or corporation in such county, or such service may be made by leaving a copy thereof at any depot or station of such company or corporation in such county, with the person in charge thereof or in the employ of such company or corporation, and such service shall be held and deemed complete and effectual. Proof of such service shall be made by the affidavit of the party making the same, or other persons knowing the facts. [G. S. 1915, § 8478.] "Section 4499 of the General Statutes of Kansas of 1901," mentioned herein, was $68a of the former civil code, the general provisions of which are contained in § 71 of the code of 1909, printed as § 6962 of the General Statutes of 1915. Notice mailed to assistant claim agent and acted upon, sufficient. 82 K. 248. Notice may be served by delivering copy to station agent. 93 K. 562. Annotation to L. 1905, ch. 341: Notice may be served upon ticket agent of the company. 72 K. 454. Smith v. Railway Co., Dowell v. Railway Co.. Railroad Co. v. Burgess, § 437. Repeal of Laws of 1905, ch. 341. Chapter 341 of the Session Laws of 1905 is hereby repealed. [G. S. 1915, § 8479.] ARTICLE 4.-Damages from Neglect on Part of Railroad Company. $438. Railroads liable for damages to person or property caused by neglect. LAWS OF 1870, CH. 93. § 438. Railroads liable for damages to person or property caused by neglect. That railroads in this state shall be liable for all damages done to person or property, when done in consequence of any neglect on the part of the railroad companies. [G. S. 1915, § 8476.] Statute applied; section held to govern liability for damages. St. L. & S. F. Rly. Co. v. Negligence must be alleged and proved under this section. A. T. & S. F. Rld. Co. v. Ditmars, 3 K. A. 459. Section does not abolish fellow-servant rule; negligence between coemployees. way v. Salmon, Adm'x, 11 K. 83. K. P. Rail Section has changed law; instruction concerning exercise of ordinary care. St. Jos. & D. Section has not wiped out defense of contributory negligence. K. C. Ft. S. & G. Rld. Co. Duty of railroad company to passengers; sick or insane passenger. v. Weber, Adm'r, 33 K. 543. [G. A. T. & S. F. Rld. Co. water Railroad company responsible for damages negligently done to stock. L. & W. Rld. Co. v. Express messenger may recover for injuries from negligence; release disregarded. v. Railway Co., 78 K. 16. Sewell Effect of section discussed. Sewell v. Railway Co., 78 K. 21. Assumption of risk and contributory negligence, considered. 95 K. 201. Harper v. Railway Co., "The practice of procuring or attempting to procure for a nominal sum a release from one still suffering from the excitement and pain of a recent injury is not to be encouraged or judicially approved." Orr v. Railway Co., 98 K. 120. Railroad held liable to trespasser only for willful neglect. Malott v. Railroad Co., 99 K. 115. ARTICLE 5.-Destroying or Injuring Railroad Property, Etc. $439. Destroying or 440. Willfully injuring or destroying $441. Willfully injuring or destroying locomotive, car, etc., in use, or water station, etc., of railroad; punishment. 442. Aiding or abetting in commission of offenses named in three preceding sections; punishment; liability of person committing such acts, to railroad company or persons injured thereby, for damages sustained. PART OF GENERAL STATUTES OF 1868, CH. 31, AS AMENDED BY LAWS OF 1897, CH. 122. § 439. Destroying or injuring railroad tracks, bridges, etc., or placing obstructions thereon; punishment; punishment when death occasioned by such acts. Any person or persons who shall willfully remove, break, displace, throw down, destroy, or in any manner injure any iron, wooden or other kind of rail or other branches or branch ways, or any part of the tracks, or any bridge, viaduct, culvert, embankment, parapet, switch, or other fixtures or any part thereof attached to or connected with the track or tracks, of any railroad in the state, in actual operation, or in the course of construction, or which shall hereafter be constructed or put in operation, or who shall willfully place any obstruction upon the rails or track of any such railroad, shall on conviction thereof be punished by confinement at hard labor in the penitentiary not less than five nor more than ten years: Provided, That if any person or persons shall, by the commission of either or any of the aforesaid offenses, occasion the death of any person or persons, the person or persons so offending shall upon conviction be deemed guilty of murder in the first degree, and shall be punished as now provided by law for the punishment of murder in the first degree. [G. S. 1915, § 3483.] § 440. Willfully injuring or destroying rails, sills, cross-ties, etc., or embankment of railroad; punishment. Any person who shall willfully throw down, break, remove, displace, cut, split, burn, or in any manner destroy or injure any of the rails, sills, switches, cross-ties, piles, bridges, culverts, viaducts, parapets, or any other fixture of any railroad, or shall willfully injure or destroy any embankment of any railroad within this state, now constructed or in process of construction, or of any railroad which shall hereafter be constructed or be in process of construction in this state, shall on conviction thereof be punished by confinement and hard labor in the penitentiary not less than one nor more than three years. [G. S. 1915, § 3484.] § 441. Willfully injuring or destroying locomotive, car, etc., in use, or water station, etc., of railroad; punishment. Every person who shall will fully cut, break, burn, injure or destroy any locomotive, car, or other machinery which now is or which may hereafter be in use upon any railroad in this state, or any wood-house, car or water station erected for the accommodation and use of any railroad within this state, shall on conviction thereof be punished by confinement and hard labor in the penitentiary not less than one nor more than three years. [G. S. 1915, § 3485.] This section does not cover breaking street-car window. The State v. Cain, 69 K. 186. § 442. Aiding or abetting in commission of offenses named in three preceding sections; punishment; liability of person committing such acts, to railroad company or persons injured thereby, for damages sustained. Every person who shall willfully counsel, advise or assist, aid or abet any other person in commission of any of the offenses named in the three preceding sections of this act, shall upon conviction thereof be punished in the same manner as the principal offender would have been upon conviction: Provided, That any railroad company whose property shall be destroyed or injured by any of the acts or offenses mentioned in the three aforesaid sections, or any person who shall be injured by any of the acts aforesaid, shall have a right of action against any person or persons committing any of the acts or offenses mentioned in the said three sections of this act; and such person or persons committing any of such acts or offenses shall be liable for all damages so sustained. [G. S. 1915, § 3486.] ARTICLE 6.-Flagman Stationed to Protect Trains, etc. $443. Flagman required to be stationed to protect engines, trains or cars obstructing main tracks. 444. Trains, engines and cars on main tracks to be protected by flagman or signal; flagman to have $445. Penalty for violation of two preceding sections. 446. Flagman, switchman or employee receiving orders to protect train guilty of misdemeanor for accident occurring by failure, refusal or neglect; punishment. LAWS OF 1913, CH. 251. AN ACT requiring trains to be protected by a competent flagman and prescribing penalties for the violation thereof. § 443. Flagman required to be stationed to protect engines, trains or cars obstructing main tracks. That all persons or corporations operating railroads in the state of Kansas, are hereby required to protect engines trains or cars which may at any time obstruct main tracks over which scheduled trains or trains under special orders are operated or run, by stationing a reliable and competent flagman in such a position as to stop approaching trains. [G. S. 1915, § 8492.] § 444. Trains, engines and cars on main track to be protected by flagman regardless of use of manual or automatically controlled block system or signal; flagman to have visible and audible signals. That when any train or trains, engines or cars are obstructing any main line or other tracks that are being used for main line purposes they shall be protected against approaching trains at all times regardless of the use of any manual or automatically controlled block system or signal, or any yard limit board, by a reliable and competent flagman with both visible and audible signals. [G. S. 1915, § 8493.] That any § 445. Penalty for violation of two preceding sections. person, firm or corporation operating a railroad in whole or in part in the state of Kansas violating any provision of this act shall be deemed guilty of a misdemeanor and fined in the sum of not less than one ($100) hundred dollars nor more than one ($1000) thousand dollars for each offense. [G. S. 1915, § 8494.] § 446. Flagman, switchman or employee receiving orders to protect train guilty of misdemeanor for accident occurring by failure, refusal or neglect; punishment. That any flagman, switchman, or other employee who has received orders from his superior for to protect his train, as prescribed for in section 1 and 2 of this act, and any accident occurring by the failure, refusal, or neglect of such employee, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum of not less than $10 or more than $50 for each offense. [G. S. 1915, § 8495.] ARTICLE 7.-Free Passes, Etc. $447. Unlawful for railroad company to 448. Penalty for issuing, giving, deliver- $450. Persons included by word "family" as used in this act; others excluded. 451. Free passes, tickets or transportation not prohibited during prevalence of epidemic, pestilence or catastrophe when necessary, etc. 452. Act not to prohibit excursion rates open to the public generally, reduced fare to ministers of the gospel, religious, benevolent or charitable workers, inmates of soldiers' homes and members of G. A. R.; not to affect rate for militia. 453. Device, subterfuge or arrangement deemed violation of act; punishment of officer, agent or employee of company and person receiving concession, advantage, reduction or rebate. LAWS OF 1907, CH. 273, AS AMENDED BY LAWS OF 1917, CH. 260. AN ACT prohibiting the issuance of any free passes, tickets or transportation by any railroad company or other common carrier, and prohibiting the use of the same and prescribing penalties for its violation. § 447. Unlawful for railroad company to issue, give, or offer to issue or give, any free pass, ticket or transportation to any person other than those specified herein; unlawful for any other person to solicit, accept or use any such free pass, etc. It shall be unlawful for any railroad company to issue, give, or offer to issue or give, any free pass, ticket or transportation, in any form, to passengers, for use upon its lines within this state, except to its officers and directors and employees and their families; the officers, directors and employees of other railroads and their families; the employees of express, telegraph, telephone and sleeping-car companies and their families; a representative from each of the labor organizations of employees of the railway companies; railway employees incapacitated by reason of disease or injury incurred or received in the employ of the company issuing such pass; ex-railway employees who have been engaged in the employ of a railway company continuously for fifteen years and placed on the retired list, and their families; railway hospital employees; also ex-employees seeking employment in the railway service; also messengers and clerks in the railway mail service; news agents while selling papers, books, magazines, fruit, confectionery, etc., on the train; members of the public utilities commission and their attorney, together with all other officers and employees of said board; persons injured by wrecks or by accidents, and doctors, nurses and necessary attendants in caring for such injured persons, to be used only in visiting employees and their families or accompanying employees to railroad hospitals; caretakers of stock, poultry or fruit in carload lot or lots, to destination and returning therefrom; sheriffs and one undersheriff and chief of police in cities of the first class; indigent, destitute or homeless persons whose dependent condition is certified to by the mayor, commissioner of the poor, or the chairman of the board of county commissioners; and it shall be unlawful for any person, other than the above excepted persons, to solicit, accept or use any such free pass, ticket or transportation. [G. S. 1915, § 8621, as amended by Laws 1917, ch. 260, § 1; May 26.] § 448. Penalty for issuing, giving, delivering or offering to issue or give any free pass, etc., to person not authorized to accept and use the same; penalty for soliciting, accepting or using free pass, etc., by person not authorized by this act to accept and use same. Any officer, agent or employee of any railroad company doing business within this state who issues, gives or delivers, or offers to issue or give, any free pass, ticket or transportation to any person not authorized to accept and use the same by this act, shall be deemed guilty of a misdemeanor, and punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment; and any person not authorized by this act to accept and use such pass, ticket or transportation who solicits, for himself or others, or accepts or uses the same, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment. [G. S. 1915, § 8622.] § 449. Persons included by word "employee" as used in this act; persons excluded; exception as to local attorney, physician and surgeon. The word "employee," as used in this act, shall be construed to include all persons who devote their principal time, skill and energy to the service of the railroad company by which they are employed, and who receive a stated and remunerative salary therefor, and to exclude all others who do not depend primarily upon such employment for a livelihood, except one local attorney, physician and surgeon in any one county, through or in which said railroad issuing such pass has a line of road. [G. S. 1915, § 8623.] § 450. Persons included by word "family" as used in this act; others excluded. The word "family," as used in this act, shall be construed to include the employee, his wife, and minor children, immediate members of his household and dependent on him for support, and to exclude all others. [G. S. 1915, § 8624.] § 451. Free passes, tickets or transportation not prohibited during prevalence of epidemic, pestilence or catastrophe, when necessary, etc. The terms of this act shall not be construed as prohibiting the issuance, acceptance or use of free passes, tickets or transportation during the prevalence of an epidemic, pestilence, or catastrophe, when necessary to afford relief or to mitigate the evil effects of such calamitous visitation. [G. S. 1915, § 8625.] § 452. Act not to prohibit excursion rates open to the public generally, reduced fare to ministers of the gospel, religious, benevolent or charitable |