Cole v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 92 Kan. 132
• 139 P. 1177
• 1914 Kan. LEXIS 184

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Interstate Commerce — Within Purview of Federal Employer’s Liability Act. An act of congress regulating interstate commerce and fixing the liability of common carriers engaged in that commerce to their employees is supreme and exclusive and supersedes state legislation on ■ the same subject, and whether the federal or the state law is applicable in any case depends on whether the employer and employee were engaged in interstate commerce when the injury was sustained by the employee.</p> <p>'2. Trial — Material Question of Fact — Submission to Jury. Either party is entitled, upon request, to have the court sub- .. mit to the jury an important question of fact which is within . the issues in the case and is based upon competent evidence.</p> <p>■3. New Trial — Inconsistent Special Findings. A new trial should be granted where important special findings of fact made by the jury are inconsistent with each other and with the general verdict returned by it.</p>