Behen v. Metropolitan Street Railway Co.

Citations

• 85 Kan. 491
• 118 P. 73
• 1911 Kan. LEXIS 103

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Removal of Causes — Failure Other Than on Merits — Not Res Judicata. The- removal of a cause from a state court to a federal court does not so invest the federal court with jurisdiction of the subject matter as to preclude the plaintiff from again suing-upon the same cause of action in a state court; and the provisions of section 22 of the code apply to an action which has been commenced in a state court, been removed to a federal court, and has there failed otherwise than upon the merits.</p> <p>2. Evidence — Written Instrument — Interpretation for Court. Where a written instrument has been offered in evidence which the court should have interpreted by proper instruction but erroneously submits its interpretation to the jury, and it clearly appears that the -jury have given to such instrument a correct interpretation, the error in submitting the question to the jury is not ground for reversal.</p> <p>3. Contributory Negligence — Pleadings—Instructions. Where-a passenger of a street railway sues to recover for personal injuries alleged to have been caused by the negligence of the railway company, an answer which alleges as a separate defense that the plaintiff’s injuries were caused by her own act in stepping from the car upon- which she was a passenger while it was in motion sets up a plea of contributory negligence and invites an instruction upon the doctrine of contributory negligence, unless there is an absence of any proof in support of such defense.</p>