Zinn ex rel. Zinn v. Updegraff

Citations

• 113 Kan. 25
• 213 P. 816
• 1923 Kan. LEXIS 326

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Collision on Public Highway — Motorcycle and Automobile — “Rule oj the Road’’ Interpreted. The rule of the road, which requires a traveler in a vehicle on a highway to seasonably turn to the right when meeting a vehicle does not apply to one who is traveling outside of the traveled way.</p> <p>2. Same. One traveling on the highway in a vehicle on the right side of the traveled way, which is of ample width, smooth and unobstructed, is not justified in assuming that a vehicle approaching him on the highway, but traveling outside of the traveled way, will drive into the traveled way and to the other side thereof.</p> <p>3. Same — Personal Injuries — Negligence Must Be Proven — Proximate Cause of Injury Must Also Be Shown. A collision between two vehicles upon a highway, with resulting injury, is not sufficient to establish liability; but before plaintiff can recover he must allege and prove negligence of defendant which was the proximate cause of the collision.</p> <p>4. Same — Negligence of Defendant and Contributory Negligence of Plaintiff— Both Questions for Jury.. The evidence examined and held that the question of the negligence of the defendant, and also the question of the contributory negligence of the plaintiff, were properly left to the jury.</p> <p>5. Same — Proper Cross-examination of Party to Action. When a party to an action is a witness in his own behalf it is error to restrict his cross-examination upon matters which clearly affect his credibility as a witness.</p> <p>6. Same — New TriaD-Newly Discovered Evidence. It is not error for the court to refuse a new trial because of newly discovered evidence if, in view of all the circumstances, the newly discovered evidence would not be likely to change the result.</p> <p>7. Same — Misconduct of Plaintiff — Soliciting Jury Service. The fact that the plaintiff, at his solicitation, was put upon the panel of jurors at a term of court at which his case was to be tried, while a