Marple v. Topeka Railway Co.

Citations

• 85 Kan. 699
• 118 P. 690

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Contributory Negligence — Street Railway Crossing. A pedestrian upoií a sidewalk in a city is not as a matter of law chargeable with negligence in crossing the tracks of a street railway upon which a car is approaching, provided the car is so far away and its apparent speed is such that a person of reasonable prudence would do so in that situation.</p> <p>2. - Same. It can not be held as matter of law that it is negligent to pass over a public crossing in a street where ears usually stop, in front of an approaching street car, unless its proximity, its speed as it appears to the pedestrian, the signals, if any, and other circumstances, are such that no other reasonable conclusion can be drawn.</p> <p>g. - Contributory Negligence — Question of Fact. It is held that upon the evidence the question of contributory negligence was properly submitted to the jury.</p>