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· 7/7/1911

Baker v. Missouri, Kansas & Texas Railway Co.

Citations

  • 85 Kan. 263
  • 116 P. 816
  • 1911 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Evidence—Witness Competent to Testify as to His Own Intentions. In an action against a railway company for damages alleged to have been caused by its employee riding a railroad tricycle over a highway crossing in a wantonly reckless manner, thereby frightening plaintiff’s horse and injuring the owner, such employee is a competent witness to testify as to his motive and intention at such time, and the exclusion of his evidence fairly tending to show such motive and intention, held, to be prejudicial error.</p>

Judges: West

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