Sharp v. Sproat

Citations

• 111 Kan. 735
• 208 P. 613
• 26 A.L.R. 1421
• 1922 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Automobile Driven at Dangerous Rate of Speed — Duty of Invited Guest to Protest — Contributory Negligence. An invited guest riding in an automobile driven at an excessive and dangerous speed is required to exercise such care as is reasonable and' practical to avoid injury to himself, and if he fails to warn the driver, remonstrate with him, or demand that the automobile be stopped so that he may leave it, or take any precaution for his own protection when there is time and opportunity to do so, no recovery can be had for injury sustained by him through the negligent operation of the car.</p> <p>2. Same — Instruction Relative to Duty, of Invited Guest in Automobile. In such a case the court should instruct the jury as to the duties which the law imposes upon and the care to be exercised by the guest for his own safety. It is not enough to instruct in general terms that he should act with ordinary care for his own safety where a request is made for an instruction as to what constitutes ordinary care on the part of the guest under the circumstances disclosed by the evidence.</p> <p>3. Same — Contributory Negligence — Question of Fact. As the automobile was only driven a short distance at a reckless speed before the accident occurred, and there was little time for the guest to observe the danger and protest or take other precautions for his own safety, it became a question of fact for the jury to determine whether there was time and opportunity to do so.</p> <p>4. Same — Demurrer to Evidence Properly Overruled. No error was committed in overruling the demurrer to plaintiffs evidence.</p>