Moore v. Kansas City Railways Co.

Citations

• 108 Kan. 503
• 196 P. 430
• 1921 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Street Railway — Motor Truck Attempting to Cross Track — Contributory Negligence. Where the driver of a motor truck which has been backed up to the curb to be loaded, its front being three or four feet from a street-car track which it must cross to get started on its trip, starts it while a 65 or 70 foot street car is approaching at a distance of 80 feet and a speed of 15 to 18 miles an hour, his conduct amounts to such contributory negligence as to bar a recovery against the streetcar company, notwithstanding a showing that it would have been possible for the motorman to have stopped the car within its own length.</p>