Missouri Pacific Railway Co. v. Columbia

Citations

• 65 Kan. 390
• 69 P. 338
• 58 L.R.A. 399
• 1902 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injury — Proximate and Remote Causes. In a case where two distinct, successive causes, wholly unrelated in operation, contribute toward the production of an accident resulting in injury and damage, one of such causes must be the proximate, and the other the remote, cause of the injury.</p> <p>2. -Proximate Cause Only Basis of Action. A prior and remote cause cannot be made the basis of an action for the recov- ■ ery of damages if such remote cause did nothing more than furnish the condition, or give rise to the occasion, by which the injury was made possible, if there intervened, between such prior or remote cause and the injury, a distinct, successive, unrelated and efficient cause of the injury.</p> <p>3. - Question of Law for Court — Finding of Jury Inconclusive. In a case where it is either admitted, or from the facts as found established, that two distinct, successive causes, unrelated in their operation, conjoined to produce a given'injury, the question of remote and proximate cause becomes one of law for the decision of the court, and not of fact for the determination of the jury, and the determination of this question of law by the jury is not binding or conclusive on the court.</p>