Bressler v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 74 Kan. 256
• 86 P. 472
• 1906 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury at Crossing — Presumption of Due Care Overthrown. “The presumption that a person who was struck and killed by a train while driving over a railroad-crossing exercised due care to avoid injury is destroyed where it appears from the undisputed evidence that, if he had looked and listened before driving upon the crossing, he must have seen and'heard the train approaching.” (Rollins v’. Chicago, M. & St. P. Ry. Co. [C. C. A.], 139 Fed. 639, syllabus.)</p>