Jones ex rel. Jones v. Southwestern Interurban Railway Co.

Citations

• 92 Kan. 809
• 141 P. 999
• 1914 Kan. LEXIS 326

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mental Incompetency op Plaintiff — Wife as Guardian Substituted as Plaintiff after Action Begun — No Material Error. When the action was called for trial it appeared that the plaintiff was mentally incompetent to maintain the suit. Afterwards, by order of court, his guardian was substituted as plaintiff, and an amended petition was filed entitled in the name of the guardian. Held, that the order should be regarded as one permitting the guardian to prosecute for the ward and that the petition should be construed as if entitled in the name of the plaintiff by his guardian.</p> <p>2. Trial — Special Questions for Jury — When Duty of Court to Submit. Under the circumstances stated in the opinion, it is held that it was the duty of the trial court to supervise a list of seventy-one special questions, tendered in due time for submission to the jury and containing proper and improper questions which were intermingled, strike out those which were improper and inconsequential, require the attorneys presenting the list to properly arrange and typewrite the questions approved, and then submit those questions to the jury.</p>