Routh v. Weakley

Citations

• 97 Kan. 74
• 154 P. 218
• 1916 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Automobile—Death of Child — Contributory Negligence. In an action against the owner of an automobile, which collided with and killed a girl eight and a half years of age who had suddenly left the sidewalk and run diagonally out into the street without looking ahead of her, being pursued by two other girls of whom she was slightly afraid, contributory negligence on her part is not established as a matter of law by a finding that she knew conduct of this kind to be dangerous.</p> <p>2. Same — Pleading—Evidence. The petition held to allege negligence on the part of the defendant, and the evidence to support the charge.</p>