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

Citations

• 90 Kan. 70
• 133 P. 555
• 1913 Kan. LEXIS 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Railroad Company — Obstructions to Vision at Highway Crossing. Liability of a railway company for injuries occasioned by a collision at a highway crossing may be founded upon its negligence in allowing unnecessary obstructions to vision to exist upon the right of way.</p> <p>2. Automobile — Negligence of Driver — No Imputed Negligence to Invited Guest. One who, while riding in an automobile as the guest of the driver, is injured by a collision at a railroad crossing, caused by the negligence of the company, is not precluded from recovering damages therefor by the fact that the failure of the driver to exercise due caution was a contributing ■cause of the injury.</p> <p>3. Jury — Failure to Answer Special Questions — Error. The , failure of the jury to return sufficient answers to certain special questions held to require a new trial.</p>