Cummings v. Wichita Railroad & Light

Citations

• 68 Kan. 218
• 74 P. 1104
• 1904 Kan. LEXIS 90

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contributory Negligence — Question.for Jury. Generally in an action to recover damages for personal injuries where the defense . is the contributory negligence of the plaintiff, the question is one of fact and not of law, and it is error for the court to render judgment for the defendant upon the petition and opening statement of the case by. counsel for plaintiff, unless the facts admitted are such that reasonable minds could not differ as to the negligent conduct'of plaintiff.</p>