Francis v. Harvey

Citations

• 92 Kan. 626
• 141 P. 577
• 1914 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Crossing Street Railway Tracks — Contributory Negligence. The following facts prove contributory-negligence and preclude a recovery for injuries caused by-running a street ear over a crossing at a negligent rate of' speed without warning signals: The plaintiff, with two others, halted at a street intersection between 8 and 9 o’clock on an. October evening until an east-bound car passed by. The plaintiff, leaving her companions, then ran or hurried north, across the south track, upon which the car had just passed, and. the space between the tracks, and onto the north track, where-she was struck by a west-bound car. At the place where she first stood, three or four feet south of the south track, she could see to the east a distance of 1200 feet except while her view was obstructed by the passing car. When she started, north the street car had gone 125 feet beyond the crossing- and she could see the north track for & distance of 150 or 155 feet to the east. At the south track and beyond until the-collision occurred she could see for 1200 feet. She looked east, the moment of starting but not afterwards. The colliding Car was lighted and the headlight burning. The crossing was also lighted. The plaintiff’s eyesight was good, she was not. encumbered in any way, and there was nothing to divert her- ■ attention. She was familiar with the place, lived near by, and' knew that cars were constantly passing. The ground was level and the tracks were straight.</p>