Bunton v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 100 Kan. 165
• 163 P. 801
• 1917 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Crossing Railroad Track — Duty of Driver — “Look and Listen.” Where the jury finds that there is nothing to obstruct the view of a person approaching a railway crossing, nothing to prevent him seeing g, train for a quarter of a mile or more, such finding in eifect is an expression of the jury’s disbelief of his evidence that he looked and listened and saw no train approaching.</p> <p>2. Same — Crossing Railroad Tracks — Findings Show Contributory Negligence Barring Recovery. Where a person attempts to drive an automobile over a railroad crossing in front of a fast speeding train which he could have seen approaching for a distance of a quarter of a mile or more, and the crossing grade is muddy, steep and slippery, and has a depression of three inches between the rails, whereby his engine loses power and stops in the depression between the rails, and the train is then so near that it can not be stopped in time to avoid 'a collision, such person is guilty of contributory negligence which bars his recovery for damages notwithstanding the negligence of the railway company in maintaining the defective crossing.</p>