McIntosh v. Standard Oil Co.

Citations

• 89 Kan. 289
• 131 P. 151
• 1913 Kan. LEXIS 54

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contributory Negligence — Evidence of Intoxication Competent. Upon the issue whether at a particular time a person was exercising due care for his own safety, evidence that he was intoxicated is ordinarily admissible, not as constituting or conclusively establishing negligence on his part, but as being a circumstance to be considered in determining the matter.</p> <p>2. Witness — Refusal to Permit Proper Cross-examination — Motion for New Trial. The refusal of the trial court to allow the defendant to cross-examine the plaintiff upon an important matter can be urged as a ground for a new trial without a showing as to what answers the plaintiff would have returned if the rejected inquiries had been permitted. The provision of the code (§ 307) that when the ground of a motion for a new trial is error in the exclusion of evidence such evidence shall be produced at the hearing does not apply to that situation.</p> <p>3. Pleadings — Negligence—Issue of Safe Place to Work Fairly Presented. The issue of negligence in an employer in failing to exercise due care to provide for his employee a safe place in which to work may be presented by allegations of specific acts or omissions, without in so many words referring to the safety of the working place.</p>