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

Citations

• 96 Kan. 154
• 150 P. 562
• 1915 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Explosion op Locomotive Boiler — Personal Injuries — Verdict and Findings. The general verdict and findings being supported by competent evidence and approved by the trial court will, under the settled rule, be upheld.</p> <p>2. Same — Expert Witnesses — Weight of Testimony for the Jury. There are degrees of expertness and witnesses who by experience, study and observation know more about the subject in question than persons who have had no experience or especial knowledge touching such subject, are competent to testify as experts, the weight of their testimony being for the jury.</p> <p>3. Same — Statement of Deceased — Pctrt of Res Gestee. After the explosion of the locomotive boiler in question the conductor came forward and found the engineer dead and pulled the fireman, then unconscious, from the place where he lay, and about five minutes thereafter came back to him, whereupon the fireman regained consciousness and quickly stated to the conductor that the water-glass showed about half full when the explosion occurred, gave his home address, and asked to have his overclothes taken off as they were burning him. He appeared to be suffering. Held, that under the circumstances his statement as to the water-glass was competent as part of the res gestee in an action by the administrator of the engineer against the railroad company.</p> <p>4. Same — Excessive Verdict — Remittitur. When from the evidence the probabilities of financial support from the son, had he lived, could not exceed $4000, a verdict for $6000 should be reduced to the former sum.</p> <p>5. Same — Deposition of Witness — Evidence Offered to Contradict Not Admissible. A witness who had examined the boiler which had exploded, testified by deposition, giving- his opinion as to the cause of the explosion, after which the defendant sought to introduce the deposition of another witness taken by the plaintiff, but not used, for the purpose of showing by the copy of a coron