Boddington v. City of Kansas City

Citations

• 95 Kan. 189
• 148 P. 252
• 1915 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City — Duty to Keep its Streets Reasonably Safe for Travel— Duty of Traveler to Exercise Reasonable Care Not to Get Hurt. While it is the duty of a city to use reasonable care to keep its streets safe for travel, and while one driving over such streets has a right to assume that this duty has been performed, still-he must for his own protection exercise such care as ordinarily careful persons would use under like circumstances.</p> <p>2. Same — What Constitutes Ordinary Care. What constitutes ordinary care, including the use of one’s senses, must be governed by the circumstances of each case, and what would be carelessness on the part of one driving in the daytime might be prudent and cautious when driving in the nighttime.</p> <p>3. Personal Injuries — X-ray Photograph as Evidence — Proper. The use of an X-ray photograph of a child’s breast is proper when the witness using it desires thereby to illustrate his criticism of an X-ray photograph of an adult purporting to show a fractured rib, the weight and effect of such illustration being for the jury.</p> <p>4. Personal Injuries — Damages—Loss from Disability to Work —Evidence. A plaintiff suing for damages attempted to testify what it cost him to have certain work done — he having been disabled by the injury from performing it — and that he had. it done as cheaply as he could, which testimony was excluded. Held, error, but the result of the trial rendered it immaterial, the verdict against him not being induced thereby.</p> <p>5. New Trial — Newly Discovered Evidence — Cumulative. The' rule that the discovery of cumulative evidence or testimony which by proper endeavor might have been produced on the trial is not sufficient to require a new trial — followed.</p>