Helms v. Southwest Missouri Railroad

Citations

• 96 Kan. 568
• 152 P. 632
• 1915 Kan. LEXIS 436

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice to Take Depositions — Insufficient Time Allowed for Preparation and Travel. A notice served on Monday to take depositions on the Wednesday following at eight a. m. at a place which, allowing one day for preparation after the day of service, would require the adverse party to start from the place of service shortly after midnight on one railroad and transfer to another during the night in order to arrive at the place of taking the depositions at eight o’clock on Wednesday morning did not afford the party a reasonable opportunity to attend the taking of- the depositions and is not a sufficient notice.</p> <p>2. Personal Injuries — Passenger on Rear Platform, of Car — Contributory Negligence for the Jury. A passenger on a street or interurban car can not be declared to be guilty of contributory negligence as a matter of law because he rises from his seat and goes out upon the rear platform preparatory to alighting while the car is slowing down and before it has come to a full stop. Whether he is negligent in going out upon the steps before the car comes to a standstill is a question for the determination of the jury after considering all the circumstances connected with the attempt to alight.</p> <p>3. Not a “Quotient Verdict.” The rule of City of Kinsley v. Morse, 40 Kan. 588, 20 Pac. 222, as to quotient verdicts applied herein, under which the verdict is upheld.</p>