Basnett v. Cherryvale Gas, Light & Power Co.

Citations

• 99 Kan. 716
• 163 P. 161

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Permitting Gas to Escape — Ignition—Injuries. A public utility supplying natural gas to the inhabitants of a city is presumed to know the location of its stop-boxes, and where one stop-box in. front of a building is connected with old, defective and unused pipes, and another stop-box is connected with the pipes in use, the public utility is presumed to know which of the slop-boxes connects with the pipes that are in use.</p> <p>2. Same — Findings Support Allegations of Negligence. The jury’s finding of negligence, contained in answers to special questions, should be given a liberal interpretation to support the allegations of negligence in the petition. When this rule is applied, the findings of negligence in this case support the allegations of the petition.</p> <p>8. Same — Incompetent Evidence — Not Prejudicial. A judgment will not be reversed for error in the admission of evidence where it does not affirmatively appear that the evidence prejudicially affected the substantial rights of the party complaining. (Civ. Code, § 581.)</p> <p>4. Trial — Correct Instructions. The instructions complained of have been examined and are held to have correctly stated the law.</p>