Super v. Modell Township

Citations

• 88 Kan. 698
• 129 P. 1162
• 1913 Kan. LEXIS 403

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobiles—Defective Highway—Bridge Gone—Duty of Driver—Instructions. An automobile was driven over a highway at night into a river at a public crossing from which the bridge had been recently carried away by a flood. There was no barrier or sign of warning, but the driver knew that he was approaching a crossing at which he supposed a bridge was standing. It is held (1) that it was not error to refuse to give an instruction to the effect that the approach to a stream is itself a warning of danger to a person unacquainted with the road, driving an automobile in the night, which requires him to see and know that a bridge is reasonably safe; (2) that an instruction to the effect that the crossing of a stream is an indication that caution is required of the driver in the circumstances stated above is sufficient when given in connection with other instructions stated in the opinion.</p> <p>2. - Contributory Negligence — Speed. The question whether a driver was exercising proper care and prudence, taking into consideration all the circumstances and conditions, is one of fact for the jury. It can not be held as matter of law that a speed of twelve to fifteen miles an hour is negligent.</p>