Lewis v. Harvey

Citations

• 101 Kan. 673
• 168 P. 856
• 1917 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Death from Electric Wire — Demurrer to Evidence Overruled. In an action to recover damages for the death of one person caused by the negligence of another, where several acts of negligence are charged, and the evidence tends to prove one of those acts, a demurrer to the evidence should be overruled.</p> <p>2. Same- — Death from Electric Wire — Unprecedented Flood — “Act of God” — Question for Jury. In an action under sections 419 and 420 of the code of civil procedure, where the defense is that the deceased met his death by an “act of God,” and there is evidence to sustain that defense, and also evidence to show that the death was caused by the negligence of the defendant, the determination of the cause of the death becomes a question of fact for the jury.</p> <p>3. Same — Evidence—No Prejudicial Error. The admission of the evidence of an experienced telephone lineman, that electrical wires will break in a certain manner, was not prejudicial error.</p> <p>4. Same — Electric-light Wires — Highest Degree of Care in Maintaining Them. Where electric street-railroad wires, electric-light wires, tele- , phone wires, and telegraph wires cross each other, those maintaining them are bound to use the highest degree of care, commensurate with the danger occasioned thereby, by the use of such appliances, devices, and precautions as are practicable, to prevent contact of the wires in the event that any of them should break and fall.</p> <p>5. Same — Trial—Instructions. The instructions have been examined and are found not erroneous.</p>