McArthur v. Independent Torpedo Co.

Citations

• 107 Kan. 68
• 190 P. 787
• 1920 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Destruction of Oil Well — Explosion of Nitroglycerin— Measure of Damages. The evidence considered in an action for damages for destruction of an oil well by explosion of a shell of nitroglycerin while it was being lowered into the well by the shooter, and held, the defendant was not prejudiced by refusal of an instruction that the measure of damages was the cost of drilling another well, and by giving an instruction under which the jury • allowed damag'es equivalent to the cost of drilling the destroyed well and expenses incurred in trying to save it after the explosion.</p> <p>2. Same — Demurrer to Evidence Properly■ Overruled — Expert Witnesses— Instruction. The proceedings examined, and held, a demurrer to” plaintiffs’ evidence was properly overruled, certain witnesses were qualified to give expert testimony, their'testimony did not invade the province of the jury, and an instruction which told the jury certain facts, if found, constituted negligence, did not invade the province of the jury.</p>