Ballard v. Kansas City, Mexico & Orient Railway Co.

Citations

• 95 Kan. 343
• 148 P. 764
• 1915 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Personal Injuries — Amended Petition — No New Cause of Action Stated. More than two years after the cause of action arose the petition was amended specifying more definitely a ground of negligence, which, however, was stated in very general terms in the original petition. Held, that no new cause of action was stated.</p> <p>2. Same — Personal Injuries — Release Obtained by Fraud — Evidence. The evidence and findings are held sufficient in this case to sustain the allegations of the reply to the effect that a release relied upon by the defendant was obtained by fraud and misrepresentation.</p> <p>3. Same — Cause of Injury — Evidence of Physician Erroneously Admitted. Under the circumstances of this case it was error to allow a physician who had examined the plaintiff for the first time more than two years after his injury to testify that in his opinion based upon the history of the case a fistula in ano from which he found the plaintiff suffering was caused by traumatic injury.</p>