Pritchard v. Atchison, T. & S.F. Ry. Co.
| Decision Date | 06 January 1917 |
| Docket Number | 20599 |
| Citation | 99 Kan. 600,162 P. 315 |
| Parties | PRITCHARD v. ATCHISON, T. & S. F. RY. CO. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
A person in an automobile who attempts to cross a railroad track without looking for approaching trains, where there is a place 30 feet from the track from which an approaching train can be plainly seen, or who looks and sees the train coming and attempts to cross in front of it, is guilty of such contributory negligence as prevents any recovery of damages for injuries sustained in a collision with the train.
Appeal from District Court, Sedgwick County.
Action by Lizzie Pritchard, administratrix, against the Atchison Topeka & Santa Fé Railway Company. From a judgment for defendant, plaintiff appeals. Affirmed.
John W. Adams, George W. Adams, George McGill, and Hudson & Hudson, all of Wichita, for appellant.
W. R Smith, O. J. Wood, A. A. Scott, and Harlow Hurley, all of Topeka, for appellee.
The plaintiff appeals from a judgment sustaining a demurrer to her evidence introduced on the trial of an action to recover damages for the death of James A. Pritchard, and for the destruction of his automobile.
The evidence tended to show the following facts: James A Pritchard was killed while attempting to cross the defendant’s railroad in an automobile. The accident occurred where the railroad crossed a public highway about a mile north of Wichita. From a point a mile south of the crossing, the public road ran on the west side of the railroad, parallel and adjacent to the right of way; thence the road turned east at right angles and crossed the railroad; and thence ran north on the east side of the right of way of the railroad. The railroad ran straight north from a point about a mile south of the crossing to a point variously located at from a quarter of a mile to a mile north of the crossing, where the railroad curved to go to Valley Center. This was a level stretch of railroad, and for this entire distance the railroad was graded up and ballasted with white rock, and was from 3 to 6 feet above the level of the ground. At the crossing the railroad grade was 6 feet high. Along the fence near the crossing, on the west side of the railroad, weeds, brush, and some cottonwood trees were growing. At the time of the accident, any person traveling north on the road had, for a mile south of the crossing, a plain view of the railroad track to...
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