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· 5/10/1913

Crane v. Missouri Pacific Railway Co.

Citations

  • 89 Kan. 472
  • 131 P. 1188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contributory Negligence — Stepping in Front of Moving Cars. It is contributory negligence which precludes a recovery of damages for an injury sustained by a traveler at a railroad crossing in a collision with a train of moving cars where he stepped in front of the moving cars that he saw or where there was nothing to prevent him from observing his danger and avoiding the injury if he had looked.</p> <p>2. Special Findings — Show Want of Care — Judgment. The special findings of the jury show that the injury sustained by ■' the traveler was due to his own want of care, and hence the general verdict must be set aside and judgment given for appellant.</p>

Judges: Johnston

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