Holt v. Bills

The opinion of the court was delivered by

Jackson, J.:

In the petition for rehearing counsel has convinced the court that an erroneous statement was made in the opinion of the court, ante, p. 14. This statement had to do with the matter of contributory negligence and the special question to the jury No. 5. The court became overpowered with the language of section 8-547, G. S. 1949. It has been the rule of this court at least since Union Pac. Ry. Co. v. Hand, 7 Kan. 380, at page 388, that the burden of proof as to the issue of contributory negligence is on the defendant. See further, Hoff v.…