O'Keefe v. Kansas City Western Railway Co.

Citations

• 87 Kan. 322
• 124 P. 416
• 1912 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Personal Injuries — Concurrent Causes — Measure of Damages. Where personal injuries result in part from the negligence of the defendant, and in part from plaintiff’s voluntary intoxication, but such intoxication is not a contributory cause of the injury, the plaintiff may recover for the injuries that he would have suffered if sober.</p> <p>2. -Same. In such a situation the jury should from all the evidence determine what compensation ought to be given for pain, suffering, disability and losses they find to be fairly chargeable to the defendant’s negligence, but not including (under the petition in this case) any added injuries or losses resulting from intoxication.</p> <p>' 3. - Same. An instruction that before the plaintiff can recover in such a case he must show what the amount should be, and that if “the jury- can not determine how much of any damage sustained is due to the defendant and how much to the plaintiff,” the plaintiff can not recover, is misleading and erroneous.</p>