Kansas City-Leavenworth Railroad v. Langley

Citations

• 70 Kan. 453
• 78 P. 858
• 1904 Kan. LEXIS 65

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court— Case-made — Order Extending Time. Where the time is extended and a case-made is completed under the provisions of chapter 380, Laws of 1903, it is not invalid because the order of the judge extending the time was not filed with the clerk, the proviso requiring such filing being directory, and not mandatory.</p> <p>2. Personal Injuries — Contributory Negligence — Presumption of Reasonable Care of Another. One placed in a position of danger by the negligence of another has. a right to presume that such other will take all necessary available means to avoid inflicting injury, and if he may reasonably suppose that no injury will be inflicted upon him by the exercise of such care he cannot be charged with contributory negligence.</p> <p>3. - Contributory Negligence —Emergency. Where, by the negligent act of another, one is placed in a position of danger which requires immediate and rapid action, without time to deliberate as to the better course to pursue, he is not held to the strict accountability required of one situated under more favorable circumstances. Contributory negligence is not necessarily chargeable to one who fails to exercise the greatest prudence, or the best judgment, in such a ease.</p> <p>4 Railroads — Consolidation — Assumption of Obligations. By one of the articles of the charter whereby several railroad corporations were consolidated it was provided that such consolidation was “subject to all of the obligations and liabilities to the state which belonged to, or rested upon, any of such corporations making such consolidation.” This assumption followed in terms the requirement of the statute. Held, that this was an assumption of the obligations of each of the constituent corporations arising ex contractu or ex delicto.</p>