Jones v. Joplin & Pittsburg Railway Co.

Citations

• 91 Kan. 282
• 137 P. 796
• 1914 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Street Railway — Personal Injuries — Crossing Track — When Duty of Court to Instruct as to Contributory Negligence. In an action to recover for negligence in causing the death of a person where the defendant offers proof tending to. show that the person for whose death the action was brought was guilty of contributory negligence and that he put himself in a place of danger with suicidal intent it is error for the count to refuse to instruct the jury as to contributory negligence and its effect if satisfactorily proven.</p> <p>2. Same — When Inference of Ordinary Care •May be Inferred. The inference that a person in the presence of danger will be impelled by the love of life and the instinct of self-preservation to exercise care for his safety is a rule of law which places upon the opposite party the burden of offering proof against ¡the fact presumed, but when substantial evidence upon the subject is produced the question then becomes one of fact for the jury.</p> <p>3. Same — Erroneous Instruction as to Instinct of Self-preservation. ■ An instruction that because of ¡the instinct of self-preservation a presumption must be indulged that the deceased was using due care and diligence at the time he was killed and did not intend to commit suicide, without any reference to the testimony produced on the subject and without telling the jury when the presumption would cease' to operate, is substantial error.</p>