Giles v. Ternes

Citations

• 93 Kan. 140
• 143 P. 491
• 1914 Kan. LEXIS 395

Syllabus

<p>.SYLLABUS BY THE COURT.</p> <p>1. Automobile — Collision with Buggy — Contributory Negligence of Motorist — Pleadings—Cross-petition—Instructions. In an action to recover damages from the owner of a horse and buggy for alleged negligence in colliding with plaintiff’s automobile on a highway the defendant filed a pleading called an answer and cross-petition, and in it alleged that the collision was due to the negligence of the plaintiff himself, and on that basis defendant asked' a recovery of damages from plaintiff. Held, that contributory negligence of the plaintiff was an issue in the case, and that the court was warranted in instructing the jury to the effect that if the negligence of' plaintiff contributed to the injury he could not recover from the defendant although the allegations of the plaintiff’s negligence were contained in that part of defendant’s pleading-designated as a cross-petition.</p> <p>2. Same — Lights on Automobile — Purpose of the Statute. The requirement that “Every automobile or similar motor vehicle shall be so constructed as to exhibit during the period from one hour after sunset to one hour before sunrise one or more lamps showing white lights, visible within a reasonable distance in the direction towards which the automobile is proceeding” (Gen. Stat. 1909, § 449) is intended for the guidance and benefit of the persons driving or in charge of an automobile as well as of others who may be using the highway' at the same time.</p> <p>3. Same — Duty of Motorist in Regard to Lights. It is the duty of the motorist to keep a vigilant watch ahead for other vehicles as well as for pedestrians upon the highway, and the lights are required to enable him to see persons and vehicles on the highway, in time to avoid them as well as for the protection of those occupying the automobile.</p> <p>4. Same — Duty of Motorist on Meeting Another Vehicle. A motorist is not necessarily negligent when he drives his automobile on the left side of a highway, as