Wiley v. Southwestern Interurban Railway Co.

Citations

• 89 Kan. 84
• 130 P. 659
• 1913 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Collision with Street Car — Contributory Negligence. The failure of one driving upon a city street to look along a street-car track before attempting to cross it does not as a matter of law preclude a recovery on account of injuries occasioned by a collision with a car, unless by looking and seeing the car approaching he would necessarily have been apprised that he could not safely cross.</p> <p>2. - Same. Where one driving by the side of a street-car track in a city attempts to cross to the other side at an intersecting street, and is struck by a car coming from the rear at the rate of thirty miles an hour, he is not to be deemed guilty of contributory negligence as a matter of law because he had driven 300 feet at a walk since he last looked along the track, at which time he could see but 1400 feet, no car being then in sight.</p>