Lillard v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 79 Kan. 25
• 98 P. 213
• 1908 Kan. LEXIS 181

Syllabus

<p>1. Instructions—Inference of Negligence—Injury by Fire. Under the circumstances it was not material error to refuse- to instruct that the jury might infer that a fire set out by defendant’s engine was caused by defendant’s negligence.</p> <p>2. New Trial—Newly Discovered Evidence. Where the sufficiency of a spark-arrester was involved in the trial an offer to show by expert testimony that the appliance was not a proper one and had not been properly inspected did not warrant a new trial.</p> <p>3. -Misconduct of Jurors. Evidence of alleged misconduct of jurors was not sufficient to authorize a new trial.</p> <p>4. Instructions—Contributory Negligence—Immaterial Error. The jury having found that defendant was not negligent, error in the instructions relating to contributory negligence was immaterial.</p>