Metropolitan Street Railway Co. v. Fawcett

Citations

• 76 Kan. 522
• 92 P. 543
• 1907 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.'</p> <p>1. Street-railways — Injury to Traveler — Negligent Operation of Cars. In an action brought by the driver of a carriage against a street-car company for personal injuries resulting from the collision of a carriage and a car, evidence is pertinent of the management of the car and of the conduct of the driver from the time the horse manifested such fear of the approaching car as should have attracted the attention of the motor-man to the time of the collision.</p> <p>2. -Proximate Cause — Contributory Negligence — Question for the Jury. In such case whether the proximate cause of the collision was. the negligence of the motor-man and whether the driver was guilty of contributory negligence were, the evidence as to the circumstances being conflicting, questions for the determination of the jury under proper instructions; and the jury in solving such questions should take into consideration the circumstances shown by the evidence during the time specified in the preceding-paragraph.</p>