Salisbury v. Wichita Railroad & Light Co.

Citations

• 103 Kan. 714
• 175 P. 966
• 1918 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Street Railroad — Vehicle Crossing Track — Contributory Negligence — Fact for Jury. A person driving a loaded wagon has the right to cross an electric street-railroad track in front of an approaching street car, if he has time to cross safely before the car reaches him; but if he looks and fails to see an approaching car, or if he sees it but misjudges its speed or its distance and an accident results in which he is injured, the question of contributory negligence on his part is one of fact for the jury.</p> <p>2. Same — Instruction Refused — Error. Where a material instruction that should be given is requested, but is not given, either by itself or . in any other instruction, the verdict should be set aside and a new trial should be granted.</p>