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

Citations

• 79 Kan. 413
• 100 P. 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages—Compromise and Settlement—Validity of Contract. Under the evidence in this case it was not error for the court and jury to set aside as invalid a written contract of settlement of the claim for damages.</p> <p>2. Contributory Negligence—Pleading and Proof. In an action for personal injuries, where the petition avers that the injuries occurred through the negligence of defendant’s employees and through no fault of the plaintiff, a general denial does not impose'upon the plaintiff the burden of proving that he was not guilty of contributory negligence. Contributory negligence is an affirmative defense, and, to be relied upon, must be pleaded and proved.</p>