Ohlson v. Central Kansas Power Co.

Citations

• 105 Kan. 252
• 182 P. 393
• 1919 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence .— Death from, Electric Shock — Improper Remarks of Counsel — Not Reversible Error. In the closing argument of plaintiff’s counsel, in a damage suit against a public-service corporation, counsel improperly remarked that it was a matter of common knowledge that such corporations carried liability insurance to protect them from loss through such suits. An objection to this remark was sustained by the court, and it was also withdrawn by the attorney who had committed the impropriety. No specific instruction to the jury to disregard the improper remark was requested or given. Held, that, since the whole record shows that the judgment was in accord with substantial justice, the trial court’s denial of a new trial on account of this incident does not constitute reversible error.</p> <p>2. Trial — Conduct of Jury in Jury Room — Evidence of Jurors. The rule followed that, while a juror may testify as to what transpires in the jury room, he cannot tell what considerations induced him to agree to the verdict, nor give his reasons therefor.</p>