Hunter v. Joplin & Pittsburg Railway Co.

Citations

• 109 Kan. 169
• 197 P. 1092
• 1921 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Street-car Accident — Rulings on Evidence. Certain rulings on evidence examined, and held to be correct.</p> <p>2. Same — Admissions of Employment and Agency. The petition alleged and the answer of the company admitted the employment and agency of Ed Banks, conductor. He was permitted to testify that he was not in charge of the particular car on which the plaintiff rode. Held, proper.</p> <p>3. Same — Instructions as to Contributory Negligence. The court properly covered the' matter of contributory negligence pursuant to the claim thereof in the answer, notwithstanding its further allegation that if the plaintiff was injured it was not while a passenger of the defendant company.</p> <p>4. Same — Misconduct of Witness — Improper Remarks of Counsel. Claims of misconduct on the part of a certain witness, and alleged improper argument of counsel, examined* and held to be without sufficient support in the record.</p> <p>5. Same — Plaintiff Had Fair Trial. The record examined, and held not to show or indicate that the plaintiff was prevented from having a fair trial.</p>