Atherton v. Topeka Railway Co.

Citations

• 107 Kan. 6
• 190 P. 430
• 1920 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Collision between Truck ancl Street Car — Concurrent Negligence — “Last Clear Chance.” The trial court correctly charged that after plaintiff’s truck was negligently driven between the street car tracks and the plaintiff was in a position of peril and his own negligence had ceased, the defendant would be liable if it saw or by the exercise of ordinary care could have seen him in such position in time to avoid injuring him, and failed to do so.</p>