Himmelwright v. Baker

Citations

• 82 Kan. 569
• 109 P. 178
• 1910 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Opinion Testimony — Speed of an Automobile. A person injured upon a street crossing by an automobile, who sees it approaching him at a distance of ten or fifteen feet and who has frequently observed the passage of automobiles and other vehicles, and ridden in them, and made observations of their rate of speed, may give his opinion of the speed of the car at the time of the collision.</p> <p>2. -Error Rendered Immaterial by Special Findings. In view of the explicit findings of the jury that the plaintiff failed to exercise due care for his own safety and that the defendant was not negligent, and all the circumstances proven, it is held, that the error in excluding the testimony referred to was not prejudicial.</p> <p>3. Personal Injuries — Contributory Negligence — “Last Clear Chance” — Instructions. Instructions relating to the doctrine of the “last clear chance” are examined, and the rule stated in Dyer son v. Railroad Co., 74 Kan. 528, is followed and applied.</p>