Honick v. Metropolitan Street-railway Co.

Citations

• 66 Kan. 124
• 71 P. 265
• 1903 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Instructions. The trial court should fairly, fully and specifically state to the jury all issues of fact made by the pleadings and evidence. However, an issue made by the pleadings but not supported by the evidence should not be submittted to the jury by instructions.</p> <p>2. -- Personal Injuries — Instructions. In an action to recover damages for personal injuries the trial court should not particularize acts and inform the.jury that a non-performance thereof by the plaintiff would defeat a recovery. It is better and more in harmony with our system of practice to instruct the jury generally in the law of negligence applicable to the facts. Held, however, that no error was committed in this case by the instruction given.</p>