Dudas v. Kansas City Southern Railway Co.

Citations

• 105 Kan. 451
• 185 P. 28
• 1919 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negligence — Conflicting Evidence — Demurrer Wrongfully Sustained. Under the rule that upon a demurrer to the evidence it is the duty of a court to accept as proved every fact supported by the plaintiff’s evidence, and to indulge every favorable inference that may be deduced from it, and, where there are contradictions in his testimony, to give effect to that favorable to the plaintiff, it is held herein that the testimony tending to sustain plaintiff’s recovery for injuries suffered at a railroad crossing, by reason of the negligence of the railroad company, was sufficient to require the submission of the case to the jury.</p>