City of Emporia v. Juengling

Citations

• 78 Kan. 595
• 96 P. 850
• 1908 Kan. LEXIS 109

Syllabus

<p>1. Personal Injuries — Defective Street — Contributory Negligence. It could not be said, as a matter of law, that it was negligence for plaintiff to stand up while riding upon a dray in a city street.</p> <p>2. Jury and Jurors — View—Officer in Charge — Oath. The statute does not require an additional oath to be administered to the officer selected to have charge of a jury while they are viewing premises.</p> <p>3. - View — Omission to Appoint a Guide. As the jury found and inspected the right place, it was immaterial that no person was appointed to show them the place.</p> <p>4. - Misconduct — New Trial. Alleged misconduct of jurors while viewing claimed defects in a street held not to, warrant a new trial.</p>