Ratcliffe v. Speith

Citations

• 95 Kan. 823
• 149 P. 740
• 1915 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobiles — Duty of Driver on Public Street Where Children Are at Play. Ordinarily it is the duty of a person operating an automobile in a street in which there is a group of children playing not only to bring his automobile under control, but to give warning of approach and to manage his car with reference to the risk that children may not exercise ' the care for their own protection that adults are expected to exercise.</p> <p>2. Same — Ordinary Care of Driver of Automobile — Contributory Negligence — Questions for the Jury. Whether the defendants, who were driving an autompbile along a street in which a number of children were playing and collided with and injured one of them, and who approached the children without signals or warnings, exercised ordinary care, or whether the plaintiff, who was over thirteen years old and who started across the street without looking for or observing the approach of the automobile, which was coming at a moderate rate of speed, was guilty of contributory negligence, were questions for the determination of a jury.</p>