Martin v. Garlock

Citations

• 82 Kan. 266
• 108 P. 92
• 1910 Kan. LEXIS 239

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Negligence — Proximate Cause — Instructions. In an action based on the frightening of a horse on the highway by an automobile, in the absence of a request for more definite instructions a charge to the jury that a recovery could be had if the injury was caused by the negligence of the defendant, without contributory negligence on the part of the plaintiff, is not rendered materially erroneous by the omission to state that the negligence complained of must have been the proximate cause and that the injury must have been one reasonably to have been anticipated as a result thereof.</p> <p>'2. Damages — Exemplary—Evidence of Malice. In such an action evidence that the defendant used language showing a disregard of the plaintiff’s rights may be sufficient to show such malice as to warrant the recovery of punitive damages, although the words were spoken after the accident had taken place. •</p>