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

Citations

• 107 Kan. 522
• 192 P. 741
• 1920 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Jury May Not Indulge in Mere Conjecture and Speculation. It is not within the province of the jury to indulge in mere conjecture and speculation for the purpose of finding negligence.</p> <p>2. Same — Injury to Shipment of Live Stock — Evidence Insufficient to Sustain Finding of Jury. In an action against a carrier to recover for injuries to a shipment of colts and mares, it was alleged the injuries were caused by negligence of the defendant’s employees who, in attempting to attach the car to the freight train, carelessly and negligently backed the engine against it with great speed, force and violence, by which several of the animals were knocked down and killed and others maimed and injured. Held, that a motion to set aside a finding that the injuries to the animals were caused by negligence in making the coupling and starting the engine should have been sustained because it was unsupported by evidence.</p>