Cope v. Kansas Power & Light Co.

In dissenting, I wish to set forth briefly my views wherein I differ with the majority opinion.

First, in this action plaintiff sought damages alleged to have resulted from defendant’s negligence and gross and wanton conduct. Defendant pleaded contributory negligence on the part of the plaintiff. This is the kind of action in which each party is entitled to a trial by jury as a matter of right and it should not be converted into a trial by the court.

No useful purpose would be gained by setting forth a resumé of the evidence indicating gross and wanton conduct on the part of the defendant. The…