Bray v. St. Louis - San Francisco Railway Co.

Citations

• 111 Kan. 60
• 205 P. 1112
• 1922 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Loss by Fire from Engine — Equipment of Engine for Prevention of Fire — Instructions. In an action for damages for loss of property destroyed-by fire set by one of the defendant’s engines, the following instruction was requested by the defendant, and refused by the court:</p> <p>“You are instructed that, in equipping its engine for the prevention of fire, defendant was not required necessarily to adopt any particular appliances or the latest appliances dr the best appliances for that purpose, but was only required to adopt appliances of standard or approved pattern or construction for the prevention of the escape of fire from said engine, and to use ordinary care in maintaining and operating it.”</p> <p>Held, the instruction was properly refused, because the rule which it embodied would permit railroad companies to establish their own standard of duty in equipment, and would limit duty to use ordinary care to maintenance and operation only.</p> <p>2. Same — Trial—Additional Instructions After Retirement of Jury for Deliberation — Discretion of Court. The district court has a large discretion in the matter of giving additional instruction? after the jury has retired for deliberation; a judicious exercise of the discretion tends to sure and efficacious administration’’ of justice; and only in the event of abuse, resulting in prejudice, will an exercise of the discretion be ground of reversal.</p> <p>3. Same — Paragraph of Syllabus in Former Case Overruled. The third paragraph of the syllabus in the case of Foster v. Turner, 31 Kan. 58, 1 Pac. 145, is overruled.</p> <p>4. Same — Withdrawing Instructions — Substituting Others. The proceedings examined, and held, the court did not err in withdrawing two instructions and reading to the jury substitutes for them, after the case ha’d been submitted to the jury and it had deliberated for several hours.</p> <p>5. Same — Instructions. Instructions to the jury considered, and held t