Walker v. Faelber

Citations

• 102 Kan. 646
• 171 P. 605
• 1918 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Motorcycle — Operation on Public Highway — Construction of Statute. Chapter 65 of the Laws of 1913, making it unlawful for any person to operate a motorcycle on a public highway outside of a town or village at a greater rate of speed than twenty-five miles per hour, was intended solely for the protection of others using such highway.</p> <p>2. Same — Motorcycle Exceeding Speed Limit■ — Frightening Team in Adjacent Field — No Liability under Statute. The defendant operated a motorcycle along a public highway at a fate of forty miles per hour. In a field adjacent to the highway the plaintiff’s team attached to a binder became frightened at the noise of the exhaust on the defendant’s machine, ran away, and injured the plaintiff. In an action to recover for the .injuries on the ground that the defendant was liable under the statute, held, the court rightly sustained a demurrer to the evidence.</p>