Chicago, Rock Island & Pacific Railway Co. v. Wheeler

Citations

• 70 Kan. 755
• 79 P. 673
• 1905 Kan. LEXIS 43

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads —Injury at Crossing — Pleading and Proof. A petition containing general averments of negligence “as hereinafter more specifically mentioned and described” presents only such issues as are found in the specific allegations.</p> <p>2. - Speed Held Not Negligence. The averment that a passenger-train was running at a rate of speed of about sixty miles an hour is not per se an allegation of negligence.</p> <p>3. Practice, District Court — Special Findings. It is error to direct the jury to find upon issues not raised by the pleadings or upon the trial.</p> <p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Finding—Defendant Not Estopped. Under the facts of this case, it is held, that the defendant did not acquiesce in an enlargement of the issues by plaintiff’s evidence, and had the right to require that no issue except that presented by the pleadings be submitted to the jury.</p>