Karner v. Kansas City Elevated Railroad

Citations

• 82 Kan. 842
• 109 P. 676
• 1910 Kan. LEXIS 350

Syllabus

<p>1. Practice, District Court — Admonition to Jury — Duty to Agree. An admonition to the jury presenting to them in strong language their duty to agree if possible held not to constitute error.</p> <p>:2. -— Same. An oral admonition to the jury, after their deliberations had begun, directing their attention to the instructions regarding the burden of proof and adding,, “when you can not decide a matter in favor of the party who has the affirmative, because the weight of the evidence is not that way, you should decide the other way,” held not to be reversible error.</p> <p>3. Jury and Jurors — Misconduct — Consideration of Matters Not in Evidence. Where the speed of a street car was in issue, the fact that one member of the jury told the others during their deliberations that he was a railroad man and knew within what distance a train could be stopped when running at a certain speed, and used that fact in arguing against the plaintiff’s right to recover, held not to be ground for reversal.</p>