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

Citations

• 65 Kan. 474
• 70 P. 346
• 1902 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury at Grossing. A traveler on the highway who is about to cross a railroad-track, and who is already warned of the approach of a train in time to escape injury, cannot complain of the negligence of the railway company for its failure to give signals of danger.</p> <p>2. - Speed of Trains. In an open country, where the view of a traveler on the highway is unobstructed, a railway company is not chargeable with negligence in running its passenger-trains over a road-crossing at a speed of forty to fifty miles per hour.</p> <p>3. -Immaterial Question of Negligence. Whether the carelessness of the driver of a wagon can be imputed to another riding with him, who is injured at a road-crossing in a collision between the vehicle and a railway-train, becomes immaterial when it is found that the railway company was guilty of no acts of negligence toward the occupants of the wagon.</p>