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

Citations

• 87 Kan. 190
• 123 P. 756
• 1912 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence —• Personal Injuries — Contributory Negligence. A railway company is not liable for injuries suffered by a person in attempting to pass over its track at a street crossing merely because its employee managing the train ought, in the exercise of reasonable care, to have discovered his perilous situation and stopped the train, where his own negligence operating at the same time contributed to produce the injury.</p> <p>2. Concurrent Negligence — “Last Clear Chance.” The doctrine of the last clear chance does not apply so long as the parties are concurrently negligent.</p>