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

Citations

• 80 Kan. 540
• 103 P. 994
• 1909 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury at a Crossing' — Contributory Negligence.. In an action against a railroad company to recover damages, on account of a death caused by it at an ordinary country crossing the court instructed the jury, in substance, that a person about to cross a railroad track upon a public highway in front of an approaching passenger-train, which he sees, may assume that the train is not moving at a speed greater than usual; and if, with this assumption, the situation is such that a man of ordinary care would not regard an attempt to cross the track ahead of the train dangerous, it will not be deemed contributory negligence to make such an attempt.. Held, error.</p> <p>2. - Speed of a Train. Where a traveler is at an ordinary-country railroad-crossing, and sees an approaching passenger-train, he must assume that such train may be running at any-rate of speed which the business or necessities of the company-require, and act accordingly.</p>