St. Louis & San Francisco Railway Co. v. Dawson

Citations

• 64 Kan. 99
• 67 P. 521
• 1902 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads —Injury to Traveler at Crossing — Contributory Negligence — Question for Jury. The attempt of a traveler to cross in front of an engine or a train standing near the crossing is not generally so inherently dangerous as to preclude a recovery of damages if the engine or train is unexpectedly started forward upon her, but in most such cases the question whether she has been guilty of negligence will go to the jury, especially where it moves upon her without giving any signals. Under the facts in this case, the district court did not err in holding the general rule as above stated to be applicable thereto.</p> <p>2. -Negligence of Engineer — Rights of Traveler on Highway. A traveler upon a public city street, passing in front of an engine fired up and manned, standing without the bounds of the highway, but so near it that from the cab windows the street and objects within it can be plainly seen, has a right to assume that the engineer will not, without warning, start his locomotive and run over her upon the street before she can, while proceeding with haste and in the exercise of ordinary care and caution, cross the tracks upon which the engine is standing when she makes the attempt so to do.</p>