Barshfield v. Vucklich

Citations

• 108 Kan. 761
• 197 P. 205
• 1921 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobiles — Driving at Illegal Rate of Speed — Collision—Damages —Demurrer to Evidence Properly Overruled. In an action to recover damages ■ resulting from the defendant driving his automobile at an illegal rate of speed against the one in which plaintiff was riding, the evidence of the negligence of the defendant is held to be sufficient to ' sustain the action of the court in overruling the demurrer to plaintiff’s evidence.</p> <p>2. - Same — Driving at Illegal Rate of Speed is Negligence — Must Be Proximate Cause of Injuries. The running of an automobile within a city at an excessive rate of speed in violation of a statute is of itself negligence, but the wrongdoer is only liable for such injuries as are the proximate result of the illegal speed; and it is held that this rule was correctly applied by the trial court.</p> <p>3. Same — Negligence — Damage to Automobile — Measure of Damages. Ordinarily the. proper rule for measuring the damages to an automobile resulting from a negligent collision is the difference between the value of the automobile before the injury and its value after the accident, and when that theory-is applied the cost of repairs cannot be included in the damages awarded.</p> <p>4. Same — Value of Injured Automobile — Competent Witness. One who was accustomed to handling cars of the kind injured, had bought and sold several of them, and was fairly familiar with their value, is a competent witness to give an opinion as to the value of the injured automobile.</p> <p>5. Same — Negligence—Other Acts of Similar Negligence Shown on Cross-examination of Defendant. On an issue as to the negligence of a driver of an automobile it is ordinarily not admissible to show acts of negligence on other occasions, but where the defendant has testified as to careful driving, a cross-examination within reasonable limits, as to whether he had not at other times been reprimanded and arrested for fast driving, may be permitted; a