Metropolitan Street-railway Co. v. Warren

Citations

• 74 Kan. 244
• 86 P. 131
• 1906 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Passenger — Question for the Jury. When proof of an accident to a passenger is made a prima fade case of negligence on the part of the carrier is ordinarily presented, and the carrier is called upon to explain'; but the carrier has the right to make its explanation from the passenger’s own evidence if it can, and if upon that evidence different minds might reach different conclusions respecting the propriety of its conduct the jury should be allowed to say if a recovery of damages is warranted.</p> <p>2. - Negligence — Erroneous Instruction. An instruction to. the jury examined and held erroneous because it directs the jury to render a verdict for the plaintiff if they should find certain enumerated facts, which do not constitute negligence per se.</p> <p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury to Passenger — Negligence a Question of Fact. On the trial of a controversy of the character of the one disclosed by the record in this case it should be left to the jury to say not only what the facts are but whether under all the circumstances the conduct of the defendant was negligent.</p>