Metropolitan Street-railway Co. v. Arnold

Citations

• 67 Kan. 260
• 72 P. 857
• 1903 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Review of Evidence. If a judgment entered on a general verdict finds support in the evidence upon any theory of the law embraced within the issues made by the pleadings,.it will not be reversed because entirely unsupported by the testimony.</p> <p>2. Street-railway — Negligence of Motorman — Question for Jury. In an action against a street-railway company for damages in wrongfully causing the death of one on a public street, not a trespasser, although the evidence may show that the negligence of deceased in coming upon the track in a position of danger in the first instance contributed toward the collision, yet if there is evidence tending to show that the motorman in control of the car which caused the death saw deceased in the position of danger, or by the exercise of reasonable diligence should have seen him, in time to stop the car and avoid the death, the proximate cause of the death is one of fact for the jury.</p>