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

Citations

• 91 Kan. 253
• 137 P. 938
• 1914 Kan. LEXIS 11

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contributory Negligence — Automobile — Crossing Railway Track. An automobile driver approaching a railway crossing was driving his car at a speed of something less than ten miles an hour when he was within fifteen feet of the railway track. The highway on which he was driving was wet, and his vision was so obscured by rain and snow that he could see only about three hundred feet. He was fully conscious of the conditions and was familiar with the management of an automobile. When fifteen feet from the track he saw an approaching train about three hundred feet away. He then used all appliances for stopping his car, but it “skidded” on the slippery ground until it went upon the railway track, where the engine of the' car stopped and it was struck by, the train. Held, he was guilty of negligence contributing to thé injury.</p>