Weir v. Kansas City Railways Co.

Citations

• 108 Kan. 610
• 196 P. 442
• 1921 Kan. LEXIS 235

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Relative Value of Affirmative and Negative Testimony. The testimony of a witness that a warning of an approaching street car was given is ordinarily worth more than the testimony of two witnesses who truthfully say that they did not hear it given.</p> <p>2. Street Railway — Pedestrian in Public Highway — Assumptions that May Be Indulged by Motorman. A motorman on a street car may rightfully assume that an adult pedestrian apparently capable of taking care of herself, who is walking in the wagonway between the track and the curbing, a space of about six feet, and not near enough to the track to be struck by the forward end of the car, will step aside far enough to avoid being struck by the overhang of the car as it rounds a curve which they were approaching and of which she was aware.</p> <p>3. Same — Personal Injuries — Contributory Negligence. It is the duty of one walking in the street close to a street-car track in which there is a curve, and who is aware of the track .on which cars are frequently passing and of the curve in the track, and is capable of taking care of herself, to take heed of the perils of the place and step aside to an available place of safety; and where she fails to do so, even when the front end of the car passes her, and is injured by the hind end of the car as. it takes the curve, she will be deemed to be guilty of such contributory negligence as will bar a recovery for the' injuries sustained.</p>