Kelly v. Vucklich

Citations

• 111 Kan. 199
• 206 P. 894
• 1922 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wrongful Death — Negligent Driving of Automobile — Action for Damages — Statement of Counsel to Jury. In an action for damages for wrongful death caused by one rapidly driving an automobile, it is not error for counsel for plaintiff to say, in the trial statement, that the driver of the automobile was racing with another automobile; that the occupants of the latter were shouting and waving their hands; and that one of them said something about the street being a speedway and said, “Look out for your lives.”</p> <p>2. Same — Evidence of Speed of Automobile — Competent Witnesses. Any person of ordinary ability and means of observation may testify concerning the rate of speed at which an automobile was traveling when he saw it moving.</p> <p>3. Same — Death of Seventeen-year-old Boy — Contributory Negligence — Question for Jury. Under the evidence, it cannot be said, as a matter of law, that a seventeen-year-old, large, healthy, energetic boy who was driving pigs along a street in a city was guilty of contributory negligence by failing to get out of the way of a rapidly moving automobile by which he was struck and killed. The question of contributory negligence was for the jury.</p> <p>4. Same — Negligent Driving of Automobile — Evidence. There was evidence which tended to prove that the defendant was driving his automobile at a rate of speed which warranted the jury in finding that he was negligent.</p>