Leavenworth Light & Heating Co. v. Waller

Citations

• 65 Kan. 514
• 70 P. 365
• 1902 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Pleading and Proof of Negligence. In an action for damages on the ground of defendant’s negligence, such negligence is not admitted where the answer denies generally and then pleads contributory negligence on the part of the plaintiff. In such case the plaintiff is not relieved from proving negligence on the part of defendant, nor is defendant prevented from disproving it.</p> <p>2. -Inconsistent Defenses. A general denial and a plea of contributory negligence are not inconsistent defenses.</p> <p>3. -Allegation of Agency. A failure to deny under oath an allegation that a principal through an agent did a certain act is not an admission that the principal did the act complained of.</p> <p>4. -Admission in Brief — No Estoppel. The admission of the truth of a matter in a brief filed in a proceeding in error does not, of itself, estop the party making such admission from denying its truth in subsequent stages of the controversy.</p>