Eidson v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 85 Kan. 329
• 116 P. 485
• 1911 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contributory Negligence — Question for Jury. Contributory negligence is usually a question of fact for the determination of a jury.</p> <p>2. -Burden of Proof on Party Alleging It. Contributory-negligence is a matter of defense, and the burden of establishing it rests upon the party who asserts it and not upon the opposite party, in the first instance, to disprove it.</p> <p>3. Demurrer — When Wrongfully Sustained. Unless it can be-said that the evidence of a plaintiff seeking redress for injuries to himself or another affirmatively shows that the injured party was guilty of contributory negligence, a demurrer to the evidence of the plaintiff on this ground should not be-sustained.</p>