Matassarin v. Wichita Railroad & Light

Citations

• 100 Kan. 119
• 163 P. 796
• 1917 Kan. LEXIS 276

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Personal Injuries — Demurrer to Evidence — Properly Overruled. When plaintiff’s evidence is challenged by demurrer, all the evidence adduced in support of his cause of action is entitled to most favorable consideration; and it is immaterial that the testimony of some of his witnesses may be contradictory to or inconsistent with that portion of it which tends to support his cause of action.</p> <p>2. Personal Injuries — Proximate Cause — Contributory Negligence. Rule followed that where a plaintiff’s negligence merely furnishes the situation or condition whereby the unrelated, unforeseen and unanticipated negligence of another does him an injury, the plaintiff’s negligence is not necessarily contributory nor does it necessarily bar a recovery for his damages sustained.</p> <p>3. Same — Doctrine of Comparative Negligence. An instruction within the principle announced in syllabus 2 examined and held not to be a pronouncement of the discarded doctrine of comparative negligence.</p>