Burns v. Metropolitan Street-Railway Co.

Citations

• 66 Kan. 188
• 71 P. 244
• 1903 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Contributory Negligence — Burden of Proof. In an action for personal injuries, based on the negligence of a defendant, the burden of proof is on the latter to show contributory negligence on the part of the plaintiff, unless the evidence introduced by the plaintiff to sustain his case tends to show that his want of care contributed to the injury.</p> <p>2. - Street-raihvay Crossing — Duty of Traveler. A traveler on a city street, who is about to cross the tracks of an electric street-car company, must exercise his faculties of sight and hearing, and, under special circumstances, must use other careful and prudent means to ascertain whether a car is approaching.</p> <p>3. --- Railroad Rule Applied. The prevailing rule respecting the care required of a traveler over steam-railway tracks applied to one crossing a street-railway.</p> <p>4. - Reciprocal Rights Considered. The reciprocal rights of the traveler and a street-car company considered.</p>