Williams v. Iola Electric Railroad

Citations

• 102 Kan. 268
• 170 P. 397
• 1918 Kan. LEXIS 25

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Crossing Railroad — Trolley Car Violating Speed Ordinance — Negligence. A breach of a speed ordinance of a city by an interurban trolley car is negligence per se; but to subject the owner of the trolley car to liability for the violation of the city ordinance, in a damage suit by a private litigant, it must appear that the disobedience of the ordinance caused or aggravated the damages.</p> <p>2. Same — Railroad Crossing — Obstructions to View — Duty of Driver. It is not required in this state in all cases that one about to cross a railway track must stop, look and listen to assure himself that he can cross in safety; but where obstructions to his view prevent him from otherwise ascertaining the fact of safety, then it is his duty to stop to make sure of his safety before crossing.</p> <p>3. SAME. Rule followed that a driver of an automobile cannot recover, .damages for injury to himself and his machine in a collision with a trolley car occasioned by the driver’s attempt to cross a railway track without stopping to ascertain that he could cross in safety, when, owing to obstructions to his view, that fact could not have been otherwise ascertained.</p> <p>4. Same — Railroad Crossing — Obstructions to View — Failure to “Stop, Look and Listen” — Contributory Negligence. Plaintiff was driving his automobile along a public street and approached a railway crossing, but owing to obstructions to his view he could not ascertain whether there was any car coming on the railway track, and he did not stop to ascertain that fact. At fifteen feet from the track nothing prevented him from seeing an approaching car, but he did not see it until the front end of his automobile was eight feet from the track, and he was then unable to stop his automobile in time to prevent a collision. Held, that plaintiff was guilty of such contributory negligence as will bar a recovery of damages against the trolley-car company.</p>