Moler v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 101 Kan. 280
• 166 P. 488
• 1917 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad Crossing— Traveler in Wagon — Train Visible— Collision— Contributory Negligence. The rule that contributory negligence is not to be ascribed as a matter of law to one who, through bewildex*ment,- makes an injudicious choice of a means of escape from a sudden peril, does not apply in an action against a railway company for injuries resulting from /a crossing collision, where the defendant’s only negligence was in running the train at sixteen miles an hour, and the plaintiff while driving a team at an ordinary walk could have seen the train when it was 300 feet away and he was 22 feet from the track, and there was nothing to prevent his turning to one side ■ excepting his fear and excitement.</p>