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plaintiffdefendantnegligencesustained

plaintiffdefendantsustained

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Horn v. Chicago, R. I. & P. R. Co., 187 Kan. 423, 357 P.2d 815

Facts

The plaintiff was driving north on a highway that crossed the defendant's railroad tracks. He was familiar with the area and reduced his speed to 35-40 mph as he approached the crossing. Despite having an open view of the tracks, he did not see or hear the train until it was too late, resulting in a collision. The train was traveling at 79 mph, which was within legal limits. The plaintiff sustained severe injuries and damage to his vehicle.

Briefly, plaintiff's evidence established substantially the following: At a point on a north-south black-top county highway about four or five miles north of the corporate limits of Wichita and about one-half mile south of the town of Kechi the highway is crossed by defendant's tracks.

Issue

Whether the evidence presented by the plaintiff was sufficient to establish a case of wantonness against the railroad and its engineer.

Only two questions are presented—(1) the exclusion of certain evidence, and (2) the sufficiency of the evidence to make out a case of wantonness for submission to the jury.

Rule

To constitute wantonness, the acts must show not simply a lack of due care, but that the actor realized the imminence of injury to others and refrained from taking steps to prevent it due to indifference.

Generally speaking, it may be said that to constitute wantonness, the acts complained of must show not simply lack of due care, but that the actor must be deemed to have realized the imminence of injury to others from his acts and to have refrained from taking steps to prevent the injury because indifferent to whether it occurred or not.

Analysis

The court analyzed the facts presented by the plaintiff and determined that they did not establish a case of wantonness. The plaintiff was aware of the crossing and had an opportunity to stop or avoid the collision. The train was operating within legal speed limits, and there was no evidence of negligence on the part of the railroad or its engineer.

The basic facts of this case, as shown by plaintiff's evidence, have been related, and, without further discussion, we hold that they do not make out a case of wantonness and that the demurrer to plaintiff's evidence was properly sustained.

Conclusion

The court affirmed the lower court's decision, concluding that the evidence was insufficient to support a claim of wantonness.

The judgment is affirmed.

Who won?

The railroad and its engineer prevailed in the case because the court found that the plaintiff's evidence did not establish wanton conduct.

The court held that the railroad and engineer were not guilty of wanton conduct.

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