Trower v. Missouri-Kansas-Texas Railroad

Action for personal injuries. Plaintiff's case was based on alleged specific negligence under the last clear chance doctrine of Kansas. A jury returned a verdict for $65,000, and defendant has appealed from the consequent judgment.

Errors of the trial court are assigned (1) in overruling defendant's motion to declare a mistrial, (2) in refusing defendant's request for a peremptory instruction in the nature of a demurrer to the evidence, (3) in giving Instruction Number 1 at the instance of plaintiff, (4) in the admission of evidence, and (5) in overruling defendant's objection to the argument…