Ayres v. Kansas City Railways Co.

Citations

• 108 Kan. 49
• 193 P. 1069
• 1920 Kan. LEXIS 548

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Collision — Street Car and Autotruck — Contributory Negligence — Question for Jury. The evidence considered, and held, the question whether or not the plaintiff, whose autotruck was struck by a street car, was guilty of contributory negligence in not observing the car in time to move the truck from the street-car track was properly submitted to the jury.</p> <p>2. Same — Contributory Negligence — Requested Instruction Properly Refused. A request for an instruction to the effect that if the plaintiff could have seen the street car when it was far enough from him that he could have driven out of its way, and failed to see the car and drive out of its way, he was guilty of contributory negligence, was properly denied, because the instruction took no account of the inordinate speed of the car, which the plaintiff was not obliged to anticipate.</p> <p>3. Same — Evidence — Intoxication of Motorman. Evidence that the motorman of the street car was drunk was properly received.</p>