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

Citations

• 68 Kan. 545
• 75 P. 509
• 64 L.R.A. 90
• 1904 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Secondary Proof Admissible. A card five or six inohes square, tacked to the end of a wooden railway tie, in a pile of ties loaded in a box car, discovered by a laborer engaged in unloading the ties for final use, bearing the printed words “Arkansas & Texas Tie Company,” and the written words “creosote-treated ties,” is technically the best evidence of whatever information its inscription imparted; but since it is obvious that a card of that character is not intended to be preserved, and is not likely to be preserved, very slight evidence of its loss is sufficient to authorize parole proof of its contents, and a verdict will not be set aside because no other foundation for secondary proof than the foregoing facts is established.</p> <p>2. -Inscriptions — Notice to Party to be Charged Must be Shown. Before inscriptions upon a card of the character described can be offered in evidence as an admission of the truthfulness of their recitals, or as an admonition concerning the character of the ties, it must be made to appear that the party to be charged made the admission or had notice of the warning.</p> <p>3. Pbactice, District Court — Personal Injuries — Personal Examination Granted. In an action for damages for a negligent injury to the eyes, claimed to be permanent, a timely request for an expert physical examination of the injured organs, in the usual and ordinary manner, should be granted, although involving the use of drugs for dilating the pupils of the eyes; subject, however, to the limitation that the examination does not produce serious discomfort or any deleterious consequence.</p>