Haas v. Wichita Railroad & Light Co.

Citations

• 89 Kan. 613
• 132 P. 195
• 1913 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Street Railway — Taking on Passengers at Dangerous Place. A street-car company may be held responsible for negligence in stopping its car and inviting passengers to enter it at a place made dangerous by temporary repairs upon the street, although the work is being done by the city and the company has no control over it.</p> <p>2. - Duty of Railway Company Not to Expose Passengers to Dangers. This responsibility arises from its duty to refrain from exposing passengers to dangers which could have been avoided by the exercise of proper care; and proper care may require the company in such a situation to stop its car at a convenient point outside the limits of danger, or to provide a step, furnish assistance, or otherwise provide for the safety of passengers. In the circumstances of this case it was a question for the jury whether such precautions to avoid injuries were reasonably necessary, and whether the company had exercised proper care.</p> <p>3. - Contributory Negligence — Question for Jury. Upon the facts of this case the question of contributory negligence • was properly submitted to the jury.</p>