Metropolitan Street Railway Co. v. Slayman

Citations

• 64 Kan. 722
• 68 P. 628
• 1902 Kan. LEXIS 267

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>Street-bailway — Accident at Crossing— Contributory Negligence — Question for Jury. Where the driver of a heavy wagon attempts to cross the tracks of a street-car company at night, and before doing so looks both ways upon the track and is unable to discover any car approaching, but does see the headlight of one which he believes to be moving toward him at a distance of 300 or 400 yards ; and where the evidence justifies the jury in determining that such car was traveling at an unusual, reckless and dangerous rate of speed, which fact such driver did not and could not know before starting to drive across such track; and when, by reason of such high rate of speed and the failure of those in charge of the car to make any effort to stop it, such wagon is struck and the driver is injured, the question as to whether the latter was so far guilty of contributory negligence that he may not recover is one of fact for the jury, under proper instructions of the court.</p>