Crist v. Wichita Gas, Electric Light & Power Co.

Citations

• 72 Kan. 135
• 83 P. 199
• 1905 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court- — Contributory Negligence — Question for the Jury. Where, in a personal-injury action, contributory negligence becomes material, and its existence depends upon a conclusion of fact as to which of two courses of action the plaintiff in the exercise of ordinary care for his own protection should have pursued, and the evidence is such that different minds might differ as to the proper conclusion, the question is for the jury and not for the court.</p> <p>2. -- Demurrer to Evidence. In such a case, if the existence of such negligence determines the plaintiff’s right of action, it is error to sustain a demurrer to his evidence.</p> <p>S. Master and Servant — Fellow Servant — Vice-principal. A foreman under whom workmen are employed is a fellow servant with the workmen when engaged with them in accomplishing the common task or object, but when discharging or assuming to discharge the duties toward the workmen which the law imposes on the principal he is a vice-principal.</p>