Bott v. Reyburn

Citations

• 86 Kan. 438
• 121 P. 366
• 1912 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — ¡Negligence—Collision—“Law of the Road” — Instructions. In an action to recover damages for the loss of plaintiff’s horse caused by a collision with a vehicle of the defendant it was shown that the plaintiff driving south with a team on the right side of a city street angled across to the left to water his horses at a public trough, and just before reaching it the defendant’s servant coming north in a delivery wagon drawn by a single horse drove rapidly between the trough and plaintiff’s team, the shaft of the delivery wagon piercing the breast of one of the plaintiff’s horses, causing its death. Defendant requested the court to instruct in substance that the law of the road requires parties traveling in opposite directions on meeting each other to keep to the right, that one by driving on the wrong side assumes the risk of all such experiments and must use greater care than if he kept upon the right side, and if a collision takes place the presumption is generally against the party upon the wrong side, especially if the collision takes place in the dark, which instruction was refused. Held, not error.</p>