Kansas City, Fort Scott & Memphis Railroad v. Eagan

Citations

• 64 Kan. 421
• 67 P. 887
• 1902 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Pleadings Sent with Jury. When the pleadings in a case are lengthy and complex, and made up of multifarious allegations of fact iu forms of expression difficult for the ordinary mind to understand, it is error for the court, without defining the issues, to send the pleadings with the jury for them to determine the points in controversy between the parties.</p> <p>2. - Sufficient Exception. An exception to an instruction which contained the following statement to the jury: “You will receive with these instructions the pleadings in the case, the second amended petition of the plaintiff, the amended answer of the defendant, and the reply of the plaintiff,” is a sufficient exception to the act of sending the pleadings with the jury.</p> <p>3. Railroads — Measure of Damages. In an action for damages for personal injuries negligently inflicted, it is material error to permit the plaintiff to prove that he has a family, consisting of a wife and children.</p>