Chicago Great Western Railway v. Bailey

Citations

• 66 Kan. 115
• 71 P. 246
• 1903 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Contributory Negligence. .Contributory negligence implies two things: First, a want of ordinary care on the. part of the person injured; second, approximate connection between this want of ordinary care and the injury.</p> <p>2. -Instruction Properly Refused. In a case where there is no evidence of a want of ordinary care on the part of the injured person, it is not error for the trial court to refuse to give an instruction that it was the duty of such person to use all care and diligence to prevent the injury.</p> <p>3. - City Ordinance. No material error was committed by permitting the introduction in evidence of a certain city ordinance relating to escaping steam from locomotives.</p> <p>4. -Injury at Crossing — Proximate Cause. (The horse behind which the plaintiff was riding was frightened by steam negligently permitted to escape from the cylinder-cocks of the engine by the servants of the railway company. It ran upon a pile of sewer-pipe lying near by in the street and overturned the buggy, ' injuring the plaintiff. Held, that the negligence in permitting the escape of the steam was the proximate cause of the injury, and not the pile of sewer-pipe.</p>