Leavenworth Light & Heating Co. v. Waller
Supreme Court of Kansas
Error from Leavenworth district court; J.H. Gillpatrick, judge. STATEMENT. Plaintiff’s action was for damages done by the burning of her barn.
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Error from Leavenworth district court; J.H. Gillpatrick, judge. STATEMENT. Plaintiff’s action was for damages done by the burning of her barn. The petition charged “thatthe defendant, its officers and agents thereunto duly authorized and empowered, entered into and contracted with said plaintiff whereby the said plaintiff was to put and place lights in said barn for the use of the plaintiff” ; that in putting in the necessary wires, the same were not large enough, not properly insulated, and were placed carelessly and negligently, so that the injury of which she complained resulted. The…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
The reasons urged for the exclusion of the evidence are, first, that the same was irrelevant and immaterial, because not within the issues in this case ; second, that when the case was in the court of appeals, defendant’s attorneys admitted-in their brief, filed in that proceeding in error, that the *517defendant was the owner of the electric-light plant at the time of the fire. In support of the first contention, it is urged, first, that the plea of contributory negligence, contained in defendant’s second defense, was in effect an admission…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Greenway v. JamesSupreme Court of Missouri · 1864
- Treadway v. S. C. & St. P. R. Co.Supreme Court of Iowa · 1875
- Bell v. BrownCalifornia Supreme Court · 1863
- Cole v. WoodsonSupreme Court of Kansas · 1884
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3Cited by15 opinions
- St. John v. IversSupreme Court of Oklahoma · 1927
- Day v. KellyMontana Supreme Court · 1915
- First National Bank v. DuncanSupreme Court of Kansas · 1909
- Disney v. St. Louis Jewelry Co.Supreme Court of Kansas · 1907
- Wilson v. StephensonSupreme Court of Kansas · 1936
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