Coughlin v. Layton

Citations

• 104 Kan. 752
• 180 P. 805
• 1919 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Injury to Pedestrian Crossing Street — Instructions. In an action by a pedestrian on account of having been run into by an automobile, it is held that no error was committed in the giving and refusal of instructions regarding the relative duties of the parties.</p> <p>2. SAME — Special Findings Not Inconsistent. In such a case, a finding that the defendant could have seen the plaintiff at a distance of eighteen feet, when in fact (as he testified) he did not see her until his car was within three feet of. her, implying negligence in failing to keep a sufficient lookout, can be reconciled with a finding that he was not driving his car in a negligent manner, by interpreting the latter as meaning that there was nothing wrong with the actual operation of the car — the keeping of a lookout not being regarded as a part of the driving.</p>