Chicago, Rock Island & Pacific Railway Co. v. Lost Springs Lodge No. 494

Citations

• 74 Kan. 847
• 85 P. 803
• 1906 Kan. LEXIS 157

Syllabus

<p>1. Damages — Injury by Fire — Instructions—Immaterial Error. In an action to recover for injury by a fire it was said that under the circumstances and the instructions given material error was not shown by the refusal to give an instruction that if plaintiff allowed dry grass to remain on its premises, so that fire could readily start therein, it should be considered as a circumstance tending to prove contributory negligence.</p> <p>2. Practice, District Court — Special Questions — Form, it was said that propounding special questions in a negative and leading form justified their rejection.</p> <p>3. Practice, Supreme Court — Instruction Broadening Issues— Special Finding. It was held immaterial whether an instruction broadened the issues with regard to the character of defendant’s negligence,- the jury having specially found the existence of a form of negligence alleged in the petition.</p>