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

Citations

• 72 Kan. 422
• 83 P. 987
• 1905 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury at Crossing — Contributory Negligence — Demurrer to Evidence. Deceased was killed at a railway-crossing in a public street. He had crossed two tracks and stood waiting for a freight-train passing west on the third track, directly in front of him, and, while looking at the passing freight-train, was struck by a train coming from the west upon the second track, close to which he was standing. The clear space between the passing trains was six feet. Except for the rays of the setting sun, his view of the incoming train was unobstructed for half a mile, if he had looked west. He was familiar with the tracks and surroundings. These facts appeared by plaintiff’s evidence. A demurrer to the evidence was properly sustained. The rule in Railway Co. v. Withers, 69 Kan. 620, 77 Pac. 542, 78 Pac. 451, governs, and the contributory negligence of deceased bars a recovery.</p>