Atkinson v. Lusk

Citations

• 103 Kan. 446
• 173 P. 914
• 1918 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad Crossing — Collision—Personal Injuries — Contributory Negligence. A person approaching a railroad crossing in a horse-drawn vehicle at a moderate speed, who is injured as the result of his attempt to cross' in front of an approaching motor car which he is prevented by obstructions from seeing until he is within twenty feet of the track, but which is visible to him from that time on, is chargeable as a matter of law with contributory negligence. The ordinary rule is not affected by the fact that .the motor car is lower than a locomotive, a passenger car or a box ear, so long as it is high enough to be seen.</p>