Murphy v. Ludowici Gas & Oil Co.

Citations

• 96 Kan. 321
• 150 P. 581
• 1915 Kan. LEXIS 376

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Instructions—To be Construed Together. The whole of the instructions to a jury must be taken into consideration to determine whether or not a part of a sentence taken out of the instructions was erroneous.</p> <p>2. Gas Explosion — Personal Injuries — Pain and Anguish-^-Permanent Injuries — Instructions. In an action for personal injury, the failure of the court, in the instructions to the jury, to limit the plaintiff’s recovery for pain and anguish and for permanent injury to the amounts alleged for each, will not compel the reversal of a judgment where no instruction fixing such limits was requested.</p> <p>3. Minor — May Recover for Pain and Suffering and Permanent Injury. An infant can recover damages for pain and suffering and permanent injury caused by the negligent act of another. The failure of the court to limit the recovery, on account of inability to work and earn money, to the time after reaching his majority, will not compel a -reversal of a judgment for the infant, where no instruction was requested limiting such recovery.</p> <p>4. Negligence — Gas Explosion — Injuries—Instructions—Degree of Care Required of an Infant. Instructions that tell the jury it was the duty of the plaintiff, án infant, to exercise that degree of care which an ordinarily prudent person would exercise under the same or similar circumstances, that give the rules in regard to the negligence of an adult and the negligence of an infant of tender years, and that tell the jury to determine from all the facts the plaintiff’s capacity and the degree of prudence that should be exacted of him, are sufficiently favorable to the- defendant.</p> <p>5. Same — Contributory Negligence. The instructions concerning the contributory negligence of the plaintiff have been examined, and no substantial error is found therein.</p> <p>6. Trial — Request for Immaterial Findings. It is not error to refuse' to submit questions to the jury which, if answered, can