Griffith v. Midland Valley Railroad

Citations

• 100 Kan. 500
• 166 P. 467
• 1917 Kan. LEXIS 361

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employers’ Liability Act — Death of Employee — Action for Damages ■ — Action Not Removable to Federal Court. An action for damages against a railway company engaged in interstate commerce for the wrongful death of a workman employed in that commerce, which is sought to be maintained by the deceased workman’s administratrix for the benefit of his widow and infant children, is not removable as , 'a matter of law merely because the petition does not contain a specific allegation that the widow and children are dependent upon the deceased workman for their support, when the petition otherwise clearly discloses that the action is sought to be maintained under the federal -employers’ liability act, and clearly discloses that the recovery for damages is not demanded under state law.</p> <p>2. Same — Trial—Demurrer to Evidence Properly Overruled. Evidence to support a cause of action against an employer for the wrongful death of its workman examined, and held’ that a demurrer thereto was properly overruled.</p> <p>3. Same — Trial—Proper Impeaching Testimony. Certain impeaching testimony examined, and held to be relevant to the issues, pertinent to the antecedent testimony sought to be impeached, not collateral, properly restricted to purposes of impeachment, and admissible.</p> <p>.4. Same — Trial—Instructions. It is not error to refuse an instruction limiting the scope and purpose of certain evidence admitted, when it is requested as one of thirty instructions handed up to the court at the conclusion of the evidence, and when the court, at the time of the introduction of the evidence, explained to the jury the purpose of the evidence and limited its application thereto. '</p> <p>5. Same — Trial—Admission of Deposition Not Error. It is not prejudicial error to admit in evidence a deposition of a resident of the county, whose usual employment is outside the state, when the deposition contains the cross-examination of the deponent, when bot