McIntosh v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 109 Kan. 246
• 198 P. 1084
• 1921 Kan. LEXIS 115

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Employer’s Liability Act — Duty of Injured Person to Use Reasonable Diligence in Securing Medical or Surgical Aid. It is the duty of a person injured through the negligence of another to use reasonable diligence in securing medical or surgical aid, and he cannot recover for suffering or ailment resulting from his own failure to exercise such diligence; but if that degree of care is used by him in the selection</p> <p>• of physicians or surgeons, and their lack of due care and skill in treatments or operations aggravates or increases the original injuries, such increase is not deemed to be the fault of the injured person, but is regarded in law as a part of the original'injury, which reasonably ought to have • been anticipated by the original wrongdoer, and for which he is responsible.</p> <p>2. Same — Instructions. An instruction on the subject is held to have been appropriate under the evidence and a correct statement of the law.</p> <p>3. Same — Trial—Special Findings of Jury Evasive and Inconsistent. Special findings of the jury relating to the negligence of the defendant and the contributing negligence of the- plaintiff in the reading and comparison of orders issued as to the passing of railroad trains, which resulted in a collision and consequent injuries and death of trainmen, examined and held to be evasive and so inconsistent as not to warrant the entry of a judgment thereon.</p>