Union Pacific Railroad v. Entsminger

Citations

• 76 Kan. 746
• 92 P. 1095
• 1907 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury at a Crossing — Contributory Negligence. The failure of a person about to drive cattle upon a railroad-crossing to make vigilant use of .his senses, so far as there is opportunity, when by taking such precautions an injury might be avoided, will bar a recovery, notwithstanding the negligence of the railway company in failing to give signals.</p> <p>2. - Failure to Look and Listen Not Excused. The fact that the train that inflicted an injury was late will not excuse a person familiar with the place and sensible of the danger from observing the usual precautions.</p>