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

Citations

• 76 Kan. 572
• 92 P. 596
• 1907 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Contributory Negligence. An employee, while employed by a railway company, was injured. Soon thereafter he made and delivered to his employer a sworn statement detailing the circumstances under which the injuries were received. Afterward he commenced an action against the railway company to recover damages caused by such injury. In such action he attached to his petition, as an exhibit, the sworn statement before mentioned, and made it a part of the pleading. It then clearly appeared from the face of the petition that the plaintiff was guilty of contributory negligence at the time he received the injury of which he complained.' Held, that the pleading was insufficient and would not sustain a recovery.</p> <p>2. Jury and Jurors — Instructions—Law of the Case. Where in such an action the court, without objection, instructed the jury to accept the statements of the exhibit attached to the petition as true, such instruction became the law of the case, and it was the duty of the jury to follow and obey the direction given. A verdict returned in violation of such instruction does not .furnish a legal basis for a judgment.</p>