McRae v. Missouri Pacific Railroad

Citations

• 116 Kan. 99
• 225 P. 1032
• 1924 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Railroad Crossing Accident — Proximate Came of Injuries— Findings oj Jury. In an action for damages for injuries received in a railroad crossing accident, where the juiy finds- for the plaintiff and that defendant was negligent in permitting cane and vegetation to grow upon its right of way and the evidence and instructions are not before us, we cannot say that the negligence found was not a proximate cause of the injury.</p> <p>2. Same — Injury to Guest oj Driver oj Automobile — Findings oj Two Proximate Carnes oj Collision — Negligence of Railroad Company Liable for Collision. When a guest in an automobile is injured in a railroad crossing accident and in an action for damages therefor against the railroad company the jury find negligence of the defendant to be a proximate cause of the injury, the fact that the jury also find that the manner in which the automobile was driven was a proximate cause of the injury will not relieve the railroad company from liability.</p>