Johnson v. Kansas City Home Telephone Co.

Citations

• 87 Kan. 441
• 124 P. 528
• 1912 Kan. LEXIS 169

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pedestrian — Crossing Public Street — Reasonable Prudence. A traveler on a public street at a busy crossing is not necessarily negligent as a matter of law because he fails to look in a direction from which harm comes when he has time and opportunity to do so. He is only held to the exercise of reasonable prudence under all the circumstances, and this may frequently be a question for the jury.</p> <p>2. - Contributory Negligence. 'The failure of a pedestrian on a public street to take some particular precaution for his safety, as, for example, to look across the end of a standing street car for vehicles approaching from the other side of the car, before passing beyond its fender, does not constitute contributory negligence unless it contributed to his injury.</p> <p>.'3. Verdict and Findings — Sustained by the Evidence. Under the facts stated in the opinion it is held that findings of the j'ury that the plaintiff, who was hurrying to catch a street car, was in the exercise of due care and could not have avoided a collision with a motorcycle although he could have seen it coming if he had looked, are sustained by the law and the' evidence.</p>