Gamble v. Uncle Sam Oil Co.

Citations

• 100 Kan. 74
• 163 P. 627
• 1917 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries' — Boy Trying to Board a Motor Truck — Motor Truck Not an “Attractive Nuisance.” An ordinary motor truck moving along a public street can not be regarded as an attractive or alluring vehicle to an intelligent boy about fifteen years old who is accustomed to the traffic of the streets, and the doctrine of the turntable cases is not applicable in an action brought by the boy to recover for injuries sustained while trying to board the moving truck.</p> <p>2. Same — No Invitation for Boys to Board a Moving Truck. The fact that the plaintiff and other boys had previously boarded or clung to the defendant’s trucks did not amount to an invitation from the defendant to the plaintiff to board a moving truck, and evidence of that character was inadmissible in the case.</p> <p>3. Same — Defendant Not Chargeable with Acts of Nonemployee. Testimony that a person who chanced to be' riding with the driver in charge of the truck and who was not an employee or agent of the defendant, waved his hand in the direction of the plaintiff did not tend to prove negligence on the part of the defendant and was not admissible.</p> <p>4. Same • — • Plaintiff Trespassing — Duty of Motor Car Driver. The plaintiff, an intelligent young man who was accustomed to street traffic, who undertook to board the defendant’s motor car which was moving at a speed of from six to ten miles an hour, was a conscious trespasser and responsible for his own negligence unless the driver of the motor car wilfully and wantonly failed to protect him after he learned of his peril.</p> <p>5. Evidence — Insufficient to Uphold Findings. The evidence examined and it is held not sufficient to uphold the finding that defendant was negligent toward the plaintiff.</p>