Litsch v. Kansas Gas & Electric Co.

Citations

• 95 Kan. 496
• 148 P. 632
• 1915 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Electricity — Personal Injuries — Rules of Practice. The rule that allegations and evidence stating and supporting a cause of action should not be held insufficient on demurrers and objections to testimony — followed.</p> <p>2. Same — No Prejudicial Error in Refusing Instructions. One of the defendants was the plaintiff’s employer and used the electricity furnished by the other defendant conveyed by wires alleged to have been negligently left without proper insulation, resulting in plaintiff’s injury. The vital points of law involved applicable to each of the three parties were substantially correct as given by the trial court — rcertain slight inaccuracies being cured by clear statements in other parts of the charge, so that taken as a whole the instructions were full, sufficiently accurate, and fair to all parties. Held, that it was not prejudicial error to refuse others requested or to give those which were submitted to the jury.</p> <p>3. Same — Statement of Facts — Instruction Refused — No Error. The injury occurred while the plaintiff was attempting to put in place on the roof of a certain building a galvanized-iron smokestack, on one side of which building, ten feet from the eaves, was a runway leading to another building, on which runway a ladder was jilaced by which to mount the roof, the eaves being about twenty-six and one-half feet from the ground. The wires in question were strung about two feet above the comb of the roof. The aperture through which the smokestack was to project above the roof was on the side opposite the runway. One witness testified that there was nothing to prevent a scaffold being placed on the other side of the building ' or to prevent one placing a pipe from using that side of the roof. The jury found that the plaintiff was not in charge of the construction of the building and that he was not warned of the danger of the wires. The evidence indicated that the injury occurred by the smokestack com