Atchison, Topeka & Santa Fe Railway Co. v. Burks

Citations

• 78 Kan. 515
• 96 P. 950
• 1908 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Intermediate Orders — Review. An order for an inspection and copy of documents* made under section 368 of the code, is reviewable after judgment as an intermediate order involving the merits.</p> <p>2. Evidence — Discovery—Order for an Inspection and Copy of Documents. Such an order, granted upon an unverified motion, without proof of the existence of the described documents and possession or control of them by the adverse party, is erroneous.</p> <p>3. - Same. Matters of procedure under the code section referred to discussed.</p> <p>4. -Admissions by a Corporation — Reports of Agents. In an action against a railway corporation for damages for personal injuries alleged to have been occasioned by a defective coupling apparatus, reports of its car inspectors concerning the condition of the coupler, whether based upon investigations made before or after the injury, can not be received in evidence as admissions by the defendant of the facts stated in the reports, unless such reports have been adopted or promulgated in an authoritative way by some official having power to bind th.e corporation by admissions.</p> <p>5. -Notice'to a Corporation — Reports of Agents. Reports of the character described, duly received according to some regulation or customary practice, are admissible in evidence to prove notice to the company of their contents.</p>