Metropolitan Street Railway Co. v. Agnew

Citations

• 65 Kan. 478
• 70 P. 345
• 1902 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>Street-railway — Injury at Crossing — Duty of Traveler. In an action against an electric street-railway company, by a party who was struck by a car and injured while attempting to drive over its tracks in a walk at a street-crossing, the company introduced testimony that an approaching car could be seen for a distance of 277 feet by a person standing within fifteen feet of the railway-tracks. This contradicted the plaintiff, who testified that, by reason of obstructions to her view, she could see in the direction the car came eighty or ninety feet only, when she was fifteen feet from the crossing. Held, that it was error to refuse an instruction tendered by the railway company to the effect that, if an approaching car was within the range of vision of the person injured, she was chargeable with knowledge of its coming, notwithstanding the fact that she testified that she did not see it.</p>