Hopson v. Union Traction Co.

Citations

• 101 Kan. 499
• 167 P. 1059
• 1917 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Sudden Starting and Stopping of Street Car— Special Questions. No material error was committed in refusing to, require more definite answers to certain questions propounded to the jury.</p> <p>2. Same — Evidence—Findings of Jury. The findings of the jury as to the plaintiff’s claim that she was thrown down in the defendant’s car, examined and deemed not, sufficiently inconsistent or contradictory to the evidence to warrant a reversal.</p> <p>3. Same — Sufficient Instructions. In the instructions given the concrete claims of the plaintiff were sufficiently set forth to give the jury a proper understanding of the isues to be tried, hence it was not error to refuse instructions stating the claimed facts still more in detail. '</p> <p>4. Same — Instruction—Contributory Negligence. An expression in an instruction that where both parties are careless neither can recover from the other on account thereof, construed with the foregoing portion of such instruction and held to mean that the carelessness of the plaintiff in order to preclude recovery must have materially contributed to the injury.</p> <p>5. Same — Evidence—Exclamations of Injured Party. Evidence of exclamations of pain was excluded, but the error, if any, can not be considered because there was no showing on motion for new trial as to what such evidence would have been.</p> <p>6. Same — Opinion Evidence — Physicians. Certain physicians in testifying concerning examinations of plaintiff made by them and their opinions derived therefrom were permitted to say they believed she was shamming. Held, that 'while such evidence should be viewed' with strictness and caution its reception in this case was not error.</p> <p>7. Same — Sudden Starting of Car — Negligence Question of Fact. The same rule as to starting or stopping in case of a passenger boarding a street car and reaching a seat does not necessarily apply as in leaving such car. Neither is it necessarily c