Ewing v. Wichita Railroad & Light Co.

Citations

• 91 Kan. 388
• 137 P. 940
• 1914 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Motion — To Strike Out Testimony — Properly Overruled. The overruling of a motion to strike out testimony to the admission of which no objection was made and where the grounds of the motion to strike out are not stated is not error.</p> <p>2. Street Car — Passenger Alighting While in Motion — Not Neg- ' ■ ligence per se. It is not negligence per se for a passenger to alight from a street car while it is in motion.</p> <p>3. Same — Violent Starting of Car — May Result from Negligence. The mere fact that a passenger is upset by the motion in starting an electric car does not establish negligence in those operating it, as the movement may be one that is usual and incident to that means of transportation, but proof of an injury received by a passenger from the sudden and violent starting of a ear as he was alighting therefrom is ground for an inference of negligence against the railway company.</p>