Klopfenstein v. Union Traction Co.

Citations

• 109 Kan. 351
• 198 P. 930
• 1921 Kan. LEXIS 140

Syllabus

<p>SYLLABUS' BY THE COURT.</p> <p>1. Negligence — Unguarded Obstruction in Street — Injury to Driver of Automobile — Contributory Negligence. One driving an automobile along a city street is not as a matter of law negligent in not seeing an obstruction negligently left unguarded, although looking in its direction while approaching it, he being obliged to turn out and pass a horse-drawn vehicle, thereby coming upon such obstruction.</p> <p>2. Same — Consistent Findings of Jury. The findings returned by the jury were consistent with the verdict and with themselves.</p> <p>3. Same — When Duty of Court to Gramt New Trial. The trial.court, feeling dissatisfied with the trial, that it had been hurried, and that the jury had not understood the instructions, and that the case had not been properly presented to them, although erroneously deeming the verdict inconsistent with the findings, did not err in ordering a new trial of its own motion.</p>