Tidball v. Missouri, Kansas & Texas Railway Co.

Citations

• 97 Kan. 396
• 155 P. 938
• 1916 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. TRIAL — Misconduct of Counsel. Misconduct of counsel and the trial court’s ruling thereon considered and held not so serious as to require a reversal.</p> <p>2. Railway Tracks. — Failure to “Look and Listen” Not Always Negligence. The duty to look and listen before crossing a railway track does not relate to a situation where the railroad train is standing at the edge of a crossing and where the railway’s employee gives a signal and invitation to cross.</p> <p>3. RAILROAD Accident — Damages to Wagon, Harness and Driver — Verdict Not Excessive. While plaintiff on a public street was driving a horse and wagon over a railroad crossing, by the edge of which a number of freight cars were standing, the cars were suddenly backed into his wagon, breaking it, tearing his harness, and throwing him out and injuring him. The evidence touching plaintiff’s damages examined and a verdict for $535 held not excessive.</p>