Seifert v. Schaible

Citations

• 81 Kan. 323
• 105 P. 529
• 1909 Kan. LEXIS 365

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Pedestrian Crossing a Street — Negligence of Driver of a Team. Pedestrians may rightfully cross streets at places other than the crosswalks at the intersection of streets; and it is the duty of a driver of a team to keep a lookout for pedestrians as well as for vehicles passing along and over the street and exercise reasonable care to avoid a collision with them, and if he fails to do so and by reason thereof a pedestrian is injured the driver or his employer is responsible for the injury.</p> <p>2. -Instruction on Degree of Care Children are Required to Exercise. The injured person herein was a boy twelve years of age, and under the testimony it is held, that it was competent for the court to call the attention of the jury to the rule that children of tender age are not held to the same strict accountability in the care of themselves as persons of full age, but are required to exercise such care as persons of their age, experience, knowledge and intelligence are ordinarily expected to exercise under like circumstances.</p> <p>8., Witnesses — Cross-examination — Scope. The scope of the cross-examination- of a witness is ordinarily limited to the subject matter of his examination in chief, and a party who desires his testimony as to other facts should make him his own witness:</p>