Electric Railway, Light & Ice Co. v. Brickell

Citations

• 73 Kan. 274
• 85 P. 297
• 1906 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Evidence—Contributory Negligence. Where, in an action for damages on account of personal injuries, the defendant demurs to the evidence of. the plaintiff on the ground that it appears therefrom that the party injured was guilty of contributory negligence, it will not be deemed erroneous for the court to overrule such demurrer, if the facts justify a contrary conclusion.</p> <p>2. Evidence — Admissibility under a General Denial. Any evi- ' dence is admissible under a general denial which controverts the facts denied.</p> <p>3. Railroads — Injury to Person on the Track1 — Evidence. Where a person while sitting on a railroad-track is run over and killed, under circumstances which seem to justify the inference of contributory negligence, and the plaintiff, to rebut such inference, offers evidence to establish that the deceased had been subject to attacks of pleurisy which rendered her temporarily helpless, for the purpose of enabling the jury to infer therefrom that she was helpless when run over, such evidence is not subject to the objection that it bases one presumption upon another.</p> <p>4. Practice, District Court — Special Findings by a Jury. It is not error for a court to refuse to require a jury to make its answers to certain special'findings of fact more specific, when such answers, if made as requested, would not differ in legal effect from those already made.</p> <p>5. -Instructions. It is not error to refuse to give an instruction to the jury when the instructions given embrace in legal effect all that is in the one refused.</p>