Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 99

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 99

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...made it dangerous for him to attempt to cross the track. Looking in the direction from which the train was coming he saw the caboose with its red lights. The flat cars were forty-foot cars, and there were three of them. The caboose was 120 feet away. 34-99 KAN. Everybody knows what a red light indicates. Displayed at one side of a street, it indicates danger at that point, on that side of the street, and not somewhere else. Displayed on an automobile, it warns persons approaching from the rear, of the locality of the rear of the car. Displayed on a caboose, it indicates the rear of the caboose, and it is the common mark of the rear end of an incoming or outgoing train. These are matters of common practice and common knowledge. Trains at stations go backward as well as forward, and the deceased was fairly warned of a train 120 feet away, which might be moving toward him. Although a pedestrian should not race with a train, and assumes all the risk should he do so, the deceased could have crossed in safety if the caboose had been the nearest car. The defendant created the situation, and the question is whether or not ordinary prudence required it to give warning that it was sending an invisible instrument of-death 120 feet in advance of what appeared to be the end of the "train. The answer is obvious. The jury's answer to question No. 10 is not responsive to the question. The court is satisfied the answer was returned through inadvertence and not through perverseness. By the answer the jury undertook to point out what could have been done in advance to avoid the collision, instead of what could have been done to avert it after the collision became imminent. The answer, therefore, discloses the j ury's view of what omissions...
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Product details

  • Paperback | 432 pages
  • 189 x 246 x 22mm | 767g
  • English
  • Illustrations, black and white
  • 1236797345
  • 9781236797346