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

Citations

• 97 Kan. 247
• 154 P. 1023
• 1916 Kan. LEXIS 276

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Crossing Railroad. Tracks — Failure to “Look and Listen” —Contributory Negligence. It is such negligence as will prevent a recovery for injuries sustained for a driver of an automobile to attempt to cross a railroad track at a grade crossing without looking or listening for the approach of a train, although an electric warning bell is maintained at the crossing and the bell is not ringing.</p> <p>2. Same — Enginemen Not Guilty of Wantonness. Enginemen in charge of a locomotive attached to a passenger train, who cut off the steam and apply the air one quarter of a mile before reaching a street crossing in a small city, and who suppose that an electric warning bell stationed at the crossing is ringing, are not guilty of wantonness, although they fail to ring the engine bell or sound the whistle for the crossing, and although they go through the city at the rate of forty-five miles per hour.</p>