Cudahy Packing Co. v. Broadbent

Citations

• 70 Kan. 535
• 79 P. 126
• 1905 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Pleading and Proof. Under an allegation in a petition that the injury complained of had resulted in bruising, maiming and injuring the plaintiff, and had caused him to become sick and sore, and had fractured his left leg, thereby causing hita great bodily pain and mental anguish, proof maybe' received that eight days after the happening of the accident, and after the leg was first set, it became necessary to rebreak the uniting bones and reset the same, thereby causing the plaintiff pain.</p> <p>2.-Pleading and Proof. In pleading the character of an injury it is not necessary to give a specific catalogue of every incident or subordinate result flowing therefrom in order to introduce proof of such results; but the pleading of such injury will permit proof of all results which naturally and proximately ensue therefrom.</p> <p>3. -Pleadings and Declarations of Attorney — Defective Road. It was claimed in the petition that the accident which resulted in the injury complained of was caused by the negligence of the defendant in making a road along which plaintiff was driving, in that the road was built of loose and incompact material, such as sawdust, pieces of boards-, sticks, and shavings. A declaration of the plaintiff’s attorney during the progress of the trial that he did not claim that the road itself was so made, but the ground upon which the road was built, did not amount to an abandonment of the negligence as claimed in the petition.</p> <p>4. -Proof of Expense for Services of Surgeons and Nurses. Evidence showing in a general way that surgeons and nurses had bestowed considerable time and attention upon plaintiff without in any manner showing the value of such services does not alone afford sufficient basis for a verdict for such expenses. A verdict rendered on such evidence should be set aside.</p>