Maris v. Lawrence Railway & Light Co.

Citations

• 98 Kan. 205
• 158 P. 6
• 1916 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Conclusion of Witness — Inadmissible. An objection is properly sustained to a question which calls for a mere conclusion of the witness upon one of the ultimate facts which it is the duty of the jury to determine.</p> <p>2. Injuries — Collision—Motorcycle and Street Car- — -Negligence — Doctrine of “Last Clear Chance” — No Application. In an action to recover damages for injuries resulting from a collision between a motorcycle upon which plaintiff was riding and a street car of the defendant the doctrine of “the last clear chance” does not apply where the negligence of the defendant is predicated upon the theory that defendant should have discovered the plaintiff’s danger in time to have avoided the injury, but did not in fact discover it.</p> <p>3. Negligence — Special Findings — Contradict Finding of Negligence— Verdict Set Aside. Where the special findings showing in detail just what occurred contradict and overturn the finding of negligence, they control, and it is proper in such case to set aside the verdict in plaintiff’s favor and render judgment for defendant upon the findings.</p>