Barnhardt v. American Glycerin Co.

Citations

• 113 Kan. 136
• 213 P. 663
• 31 A.L.R. 721
• 1923 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Automobile on Fire — Abandonment by Driver — Sudden Peril —Rule of Conduct. One driving an automobile loaded with nitroglycerin, who discovers that the automobile is on fire, the fire not having been caused by any lack of care on his part, and being stalled on a steep hill, is not guilty of actionable negligence in abandoning the automobile.</p> <p>2. Same — Personal Injuries — Proximate Cause. Where the negligence, as found by the jury, is not the proximate cause of the injury, there can be no recovery.</p>