Missouri & Kansas Telephone Co. v. Vandervort

Citations

• 71 Kan. 101
• 79 P. 1068
• 1905 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Injury to Traveler — Degree of Care Required, One who, knowing of a defect in a street or highway, is injured in its use is not necessarily guilty of contributory negligence precluding recovery. He may use such street or highway if in its use that degree of care and caution be exercised which an ordinarily prudent person would use in view of its defective condition.</p> <p>Traveler Not Required to Take Another Route. One 2. knowing of a defect in a street or highway over and along which he may most conveniently reach a desired destination is not required to take another and less-convenient route, at the risk of being chargeable with contributory negligence if injured in the careful use of the defective one.</p> <p>3. Damages — Interest. A judgment for damages suffered by the simple negligence of a party should not include interest as such.</p>