Adams v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 93 Kan. 475
• 144 P. 999
• 1914 Kan. LEXIS 458

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroad — Injury at Crossing — Duty of Traveler to Look and Listen for Approaching Trains. The rule stated in the case of Railroad Co. v. Willey, 60 Kan. 819, 58 Pac. 472, relating to the duty of a traveler about to cross a railway track to look and listen for an approaching train, and if sight and hearing are obstructed to stop in order to better enable him to look and listen, applied.</p> <p>2, Same — Negligence Specified in Jury’s Findings — Excludes all Other Negligence. The rule stated in the case of Tecza v. Sulzberger & Sons Co., 92 Kan. 97, 98, 140 Pac. 105, that by a specific finding of negligence, made in response to a request to state what the negligence of the defendant was which caused injury to the plaintiff, the j'ury must be deemed to say their verdict is not based upon any other form of negligence, ap plied.</p>