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

Citations

• 75 Kan. 56
• 88 P. 534
• 1907 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Circumstantial—Credibility. In civil as well as criminal cases a fact may be established by circumstantial evidence, and a jury may accept such evidence and base a finding or verdict thereon although opposed by the direct and positive testimony of witnesses.</p> <p>2. Raileoads — Injury to Employee — Negligence Properly Inferred. In the present case it is held that the circumstantial evidence justified the jury in finding that the hostler of an engine negligently moved it and killed his helper, although the testimony of the hostler, which was the only direct testimony as to the act, was to the contrary.</p>