Crist v. Wichita Gas, Electric Light & Power Co.
Supreme Court of Kansas
Error from Sedgwick district court; David M. Dale, judge. STATEMENT. The plaintiff in error brought this action in the district court of Sedgwick county to recover damages for personal injuries alleged to have been received through the negligence of the defendant, its superintendent and foreman, while he, under the direction of the alleged foreman, was cutting a broken wire from a pole on defendant’s light line.
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Error from Sedgwick district court; David M. Dale, judge. STATEMENT. The plaintiff in error brought this action in the district court of Sedgwick county to recover damages for personal injuries alleged to have been received through the negligence of the defendant, its superintendent and foreman, while he, under the direction of the alleged foreman, was cutting a broken wire from a pole on defendant’s light line. A jury was impaneled to try the case and the plaintiff introduced his evidence, upon the conclusion of which the defendant filed a demurrer thereto. The demurrer was sustained and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The plaintiff makes nine assignments of error which may be fully stated in one — that the court erred in sustaining the demurrer to plaintiff’s evidence. If this ruling was not erroneous the denial of the motion for a new trial and the judgment against the plaintiff were right. So we have only to consider the one question, Was the demurrer properly sustained ?
The negligence alleged was: (1) In maintaining a rotten pole which absorbed water and thus became a good conductor of electricity; (2) the failure to shut off the electric current before…
2Cases cited6 opinions
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
- Coffeyville Vitrified Brick & Tile Co. v. ShanksSupreme Court of Kansas · 1904
- Hannibal & St. Joseph Railroad v. FoxSupreme Court of Kansas · 1884
- Good-eye Mining Co. v. RobinsonSupreme Court of Kansas · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hill v. Southern Kansas Stage Lines Co.Supreme Court of Kansas · 1936
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Fowler Packing Co. v. EnzenpergerSupreme Court of Kansas · 1908
- Lohman v. Swift & Co.Supreme Court of Minnesota · 1908
- Carter v. UhrichSupreme Court of Kansas · 1928
12 more not listed; retrieve them via the Exa API.