City of Ottawa v. Green

Citations

• 72 Kan. 214
• 83 P. 616
• 1905 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Personal Injury — Opinion Testimony of a Physician. In an action against a city for damages occasioned by an alleged fall upon a defective sidewalk, where plaintiff testified to the manner in which he fell and that the fall caused a rupture in the region of the groin, it was not error to refuse to permit a physician, who had not examined plaintiff’s injuries but who was present and heard part of plaintiff’s testimony, to give his opinion concerning the probability of a person’s being ruptured in the manner testified to by plaintiff.</p> <p>2. - Instructions — Defective Sidewalk — Contributory Negligence. In such a case, where the plaintiff was familiar with the defective condition of the walk but nevertheless attempted to use it in the dark, a certain instruction given was proper. (See p. 218.)</p> <p>3. Practice, Supreme Court — Failure to Pay Jury Fees Not an Error at the Trial. The failure of the successful party in a jury trial to pay jury fees in compliance with section 3056 of the General Statutes of 1901 does not affect the substantial rights of the defeated party, nor is it an error occurring at the trial which is raised by a motion for a new trial.</p>