Missouri Pacific Railway Co. v. Moffatt

The opinion of the court was delivered by

Johnston, J. :

This is the second time that we have been called upon to review the proceedings in the trial court in this case. (Mo. Pac. Rly. Co. v. Moffatt, 56 Kan. 667, 44 Pac. 607.) On the first review it was held that the averments of the petition were not sufficiently specific to justify the admission of proof of the negligence of the company beyond its failure to give proper signals and due warning of the approach of its trains, and because the trial court admitted testimony and submitted grounds of negligence to the jury not definitely pleaded,…