Calvin v. Schaff

Citations

• 113 Kan. 103
• 213 P. 814
• 1923 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Collision Between Automobile and Railroad Train — Erroneous Instruction — Time of Sunset. Courts take judicial notice of the time at which the sun sets. On December 20, at Fort Scott, the sun sets at 4:41 solar time and 5:01% standard central time. An instruction to a jury that the sun set at Fort Scott at 4:41 on December 20, 1920, without any reference to the difference between solar time and standard time is erroneous; and, where such an instruction is given, a judgment for damages caused by the death of one killed in a collision between an automobile and a railroad passenger train will be reversed if the evidence is conflicting concerning whether or not it was dark at the time of the collision and the evidence shows that the collision occurred at five o’clock in the evening.</p>