Keil v. Evans

Citations

• 99 Kan. 273
• 161 P. 639

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Contributory Negligence Not Pleaded — Amendment to Answer Denied — Requested Instruction Refused — Judicial Discretion. The refusal of the court to instruct the jury upon a ground of contributory negligence not pleaded in the answer of the defendant, and which was only incidentally brought out on the cross-examination of the plaintiff and not specifically brought to the attention of the court until the instruction was requested, and also the refusal of the defendant’s application to amend the answer so as to set forth the new issue, can not be regarded as an abuse of discretion on the part of the trial court.</p> <p>2. -Findings of Jury■ — Supported by Evidence. The evidence herein is deemed to be sufficient to support the findings of the jury that the injury sustained by the plaintiff when the bicycle he was ridings collided with the defendant’s automobile at the intersection of two streets was due to the negligence of the defendant and not to the contributory negligence of the plaintiff.</p>