Patton v. Union Traction Co.

Citations

• 101 Kan. 388
• 167 P. 1041
• 1917 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Cross-examination of Witness. On the facts stated in the opinion it is held that there was no error in refusing to sustain an objection to a question on the ground that it was not proper cross-examination.</p> <p>2. Death — Contact with Electric Wires — Finding—Verdict. In an action to recover damages for the death of plaintiff’s husband caused by coming in contact with high-tension electric wires maintained by defendant in one of its waiting rooms, held, it was not error to refuse to set aside the verdict in favor of defendant because of a finding that at the time the deceased came in contact with the wires he was not in full control of his powers of locomotion.</p> <p>3. Same — Contributory Negligence of Deceased — Instructions. The court charged that if the deceased “failed on his part to exercise ordinary care, or in other words was guilty of contributory negligence in the premises and thereby contributed to his own death, then the plaintiff can not recover.” Held, it was not error to fail to qualify the instruction by stating that the deceased was guilty of contributory negligence if he voluntarily or of his own free will failed to exercise ordinary care. It was for the jury to determine under all the circumstances shown in the evidence whether or not the deceased was in the exercise of ordinary care at the time of the accident.</p> <p>4. Same — Trial — Instructions. Requested instructions examined and held, that the court having given instructions which correctly defined the issues, it' was not error to refuse to give other instructions which were merely cumulative.</p>