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

Citations

• 79 Kan. 499
• 100 P. 68
• 1909 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads—Injury to Employee—Notice to Defendant—Declarations by Plaintiff. Statements of the cause of the injury in a notice given by an employee of a railroad company as provided in chapter 341 of the Laws of 1905 may, when offered in evidence by the company, be considered by the jury as affecting the credibility of the plaintiff as a witness; and this also applies to his statement taken by the company soon after the injury, which should be considered in connection with his physical and mental condition at the time as affecting his understanding; but neither the notice so given nor ■ the statement so made can be held, as a matter of law, to bar his claim.</p> <p>2. Personal Injuries—Excessive Damages. ■ Considering the nature of the plaintiff’s injuries, .whereby both of his legs were broken, and the evidence relating thereto, -the award of $4000 damages, approved by the trial court, can not be set aside by this court as excessive.</p>