Bowers v. Mildren

Citations

• 107 Kan. 584
• 193 P. 318
• 1920 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Personal Injuries ■ — Contributory Negligence Question for Jury. In an action for damages, the question whether the injured plaintiff was guilty of contributory negligence is ordinarily one to be determined by the jury in view of all the evidence, and cannot be disposed of by a demurrer.</p> <p>2. Same — Assumption of Risk Question for Jury. Under the evidence in this case the question of assumption of risk was properly submitted to the jury.</p> <p>3. Same — Trial—Rulings Upon Evidence Not Prejudicial Error. Certain rulings of the trial court in striking out testimony and in restricting the examination of a witness examined, and held not to amount to prejudicial error.</p> <p>4. Same — Instructions Not Erroneous. Error assigned on two instructions examined and not sustained.</p>