Acker v. Union Pacific Railroad

Citations

• 106 Kan. 401
• 188 P. 419
• 1920 Kan. LEXIS 528

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Auto Truck — Crossing Railroad Track — Duty of Driver — Contributory Negligence. In a railway crossing case, it is held (following Wehe v. Railway Co., 97 Kan. 794, 156 Pac. 742, and kindred cases) that where the plaintiff and his employee who was driving his automobile discovered, just before they were about to cross the railroad track, that their view.of the track was obstructed by clouds of smoke from engines standing on another track, it was contributory negligence for them to proceed to cross without stopping and waiting or going to some point where a view of the track could be obtained, if there was no other way of determining whether a train was approaching.</p>