Chicago, Rock Island & Pacific Railway Co. v. Clinkenbeard
Supreme Court of Kansas
Error from Smith district court; Richard M. Pickler, judge. STATEMENT. This case was once before in this court, and in the opinion then rendered (72 Kan. 559) a general statement of the facts will be found. The findings of fact made by the. jury and approved by the court on the second trial indicate, it will be observed, a considerable departure from the case as before submitted. The special findings of the jury are as follow: “(1) Ques.
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Error from Smith district court; Richard M. Pickler, judge. STATEMENT. This case was once before in this court, and in the opinion then rendered (72 Kan. 559) a general statement of the facts will be found. The findings of fact made by the. jury and approved by the court on the second trial indicate, it will be observed, a considerable departure from the case as before submitted. The special findings of the jury are as follow: “(1) Ques. What was the distance from the house-track switch to the point where Cal Owens’s wagon stood at the time of the accident? Ans. About 400 feet. “(2) Q. At or…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Error is assigned under three heads: (1) Overruling the demurrer to plaintiff’s evidence.. (2) Refusal to instruct the jury to return a verdict for defendant. (3) Denying the motion for a new triaL The only grounds for reversal urged are aimed at the weakness of plaintiff’s evidence — in that it shows contributory negligence — and error in giving and refusing instructions.
If, then, the plaintiff’s evidence be taken as true, and all reasonable inferences which may be drawn therefrom favorable to the plaintiff fairly tend to establish every…
2Cases cited3 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
3Cited by6 opinions
- Morlan v. Hutchinson-HyattSupreme Court of Kansas · 1924
- McMahon v. Joplin & Pittsburg Railway Co.Supreme Court of Kansas · 1915
- Tarter v. Missouri-Kansas-Texas RailroadSupreme Court of Kansas · 1925
- Atherton v. Topeka Railway Co.Supreme Court of Kansas · 1920
- Williams v. St. Louis-San Francisco Railway Co.Supreme Court of Kansas · 1927
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