Brackville ex rel. Brackville v. Southwestern Bell Telephone Co.

Citations

• 107 Kan. 130
• 190 P. 773
• 1920 Kan. LEXIS 28

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Service op Process — Telephone Corporation Being Operated by Postmaster-general. Service of summons upon a telephone corporation, shown by the return to have been made by the delivery of a copy to its managing agent, will not be set aside merely for the reason that at the time of such delivery its system had been taken over and was being operated by the postmaster-general.</p> <p>2. Negligence — Pleadings—Evidence. The negligence found by the jury is held to be within that pleaded and to be supported by some evidence.</p> <p>■3. Same — Contributory Negligence — Burden of Proof — Instructions. Any tendency of an instruction, relating to the burden of proof on the issue of contributory negligence, to mislead the jury into supposing that that defense could not he established by the plaintiff’s own testimony, is held to have been cured by an instruction immediately following _it, to the' effect that in determining the issues all the testimony was to be considered, as offered by the plaintiff or the defendant.</p>