Stuckey v. Dunham

Citations

• 96 Kan. 427
• 151 P. 1107
• 1915 Kan. LEXIS 398

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Alighting prom Street Car — Personal Injuries — Contributory Negligence Question for Jury. Upon the facts stated in the opinion it is held that the plaintiff was not as a matter of law guilty of contributory negligence in failing to look for a car passing on an adjoining track at the time he alighted from the car upon which he was a passenger.</p> <p>2. Same — Exemplary Damages — Justified by the Evidence. The act of a motorman in running a street car at a speed of ten to fifteen miles an hour past a car on a parallel.track that had stopped to discharge passengers, and thereby causing injuries to plaintiff, who was a passenger alighting from the other car, is held to justify a finding of wanton conduct such as to authorize exemplary damages.</p>