Christian v. Union Traction Co.

Citations

• 97 Kan. 46
• 154 P. 271
• 1916 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Refusal to Direct Verdict — Conflicting Evidence. Rules followed that a verdict supported and approved must stand, and that when the evidence is conflicting a refusal to direct a verdict is not error.</p> <p>2. Negligence — No Material Error in Instructions. One allegation of negligence on which some evidence was introduced was. ignored in the instructions given, the jury being charged that to recover the plaintiff must sustain the other allegation. Held, that under these circumstances it was not material error to refuse instructions requested by the defendant on the allegation thus ignored.</p> <p>3. Special Questions — Refusal to Submit — No Error. The refusal to submit two of ten special questions requested by a' party is not materially prejudicial when substantial repetitions and when the answers to those submitted clearly indicate that answers to those refused would not have benefited the party complaining.</p> <p>4. Contributory Negligence — Alighting from Street Car. It was not necessarily negligent for the plaintiff to attempt to alight from the car a short distance from the usual stopping place if she believed it had come to a stop in response to her signal or request.</p> <p>5. Negligence — Special Finding — Conflicting Evidence. A special finding, although against much of the evidence, if supported by some competent evidence, not attempted to be set aside by motion of the complaining party, and approved by the trial court on overruling a motion for new trial involving such finding, will not be disturbed by this court.</p>