Beech v. Missouri, Kansas & Texas Railway Co.

Citations

• 85 Kan. 90
• 116 P. 213
• 1911 Kan. LEXIS 18

Syllabus

<p>SYLLAJBUS BY THE COURT.</p> <p>1. Railroads — Duty of Person Crossing Tracks — Contributory Negligence. A railroad track is itself a warning of danger to an approaching traveler and it is the duty of one about to cross, who is competent to exercise care for his own protection, to use his faculties of sight and hearing in the manner of an ordinarily prudent person, and the omission to do so is an omission of ordinary care which will bar a recovery for injuries resulting from a collision with a train, notwithstanding the negligence of the. railroad company in failing to sound a whistle eighty rods from the crossing.</p> <p>2. - View of Track Obstructed — Duty of Person about to Cross Tracks to Look Again after Passing Obstruction. The fact that the view of one approaching a railroad track is obstructed for a short distance requires the exercise of greater vigilance and care on his part to learn if there is a present danger in crossing, and it is incumbent on him to look again when he passes the obstruction and when an opportunity exists to look and listen for an approaching train.</p> <p>S. Verdict — General—Special Findings Inconsistent with General Verdict. The presumption invoked in support of the general verdict, that the deceased looked and listened and otherwise exercised due care for his own safety, is overcome by the special findings of the jury which show that if he had looked and listened, where there was an opportunity, he must have seen the approaching train and could have saved himself.</p> <p>4. - Same. Where the general verdict of the jury is in favor of the plaintiff but the special findings returned with the verdict show that the plaintiff is not entitled to recover, judgment should be entered on the special findings in favor of ■ the defendant.</p>