Arrington v. Horner

Citations

• 88 Kan. 817
• 129 P. 1159
• 1913 Kan. LEXIS 426

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile—Statutory Regulation of Speed and Operation on Rural Highway. The driver of an automobile on a rural highway shall not operate his automobile at a greater speed than is reasonable or proper, having due regard for the traffic and use of the highway, or so as to endanger the life or limb of any person, or in excess of twenty miles per hour. (Gen. Stat. 1909, §§450, 451.)</p> <p>2. - Same. When approaching persons driving or riding domestic animals an automobile driver shall, if such animals appear restive and frightened, reduce speed, if practicable turn to the right and give the road, and upon signal from the rider or driver, proceed no further toward such animal or animals, but remain stationary long enough for them to pass. (Gen. S'tat. 1909, § 452.)</p> <p>3. - Same. In other respects the driver of an automobile shall, when meeting or passing persons driving or riding domestic animals, exercise the care and caution to prevent injury and insure safety which a reasonably prudent person would exercise, taking into consideration all the elements of the situation, including the appearance and attributes of his peculiar kind of vehicle. (Gen. Stat. 1909, §452.)</p> <p>4. -Duties of Persons Driving Domestic Animals. A corresponding duty rests upon a person riding or driving domestic animals when approached by an automobile tó take cognizance of the cpnditions and to exercise the care and caution which a reasonably prudent person would display in their presence.</p> <p>5. - Duties, of Drivers of Automobiles and Domestic Animals to Look Ahead.—Approach from Behind. It is the duty of a driver on the public highway, whether of an automobile or of domestic animals, to look ahead and see whatever there may be in the line of his vision which should affect his driving, and if the driver of a team knows that an automobile is approaching from the rear, to act with reasonable prudence in the light of such knowledge.</p>