Root v. Topeka Railway Co.

Citations

• 96 Kan. 694
• 153 P. 550
• 1915 Kan. LEXIS 469

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Definition. Negligence usually consists in the involuntary and casual, that is, “accidental,” doing or omission to do something which results in an injury.</p> <p>2. Same — Special Findings — Not Inconsistent. There is no inconsistency in a special finding that the plaintiff was injured while doing an act in a “casual and involuntary way,” and the further finding that in so doing he was negligent.</p> <p>3. Same — Findings—Contributory Negligence Bars Recovery. In an action to recover damages for personal injuries sustained while a passenger on a street car by reason of plaintiff’s arm coming in contact with a trolley pole in clos§ proximity to the track, the special findings to the effect that plaintiff’s contributory negligence was the proximate cause of his injuries prevent his recovery against the defendant, irrespective of the negligence of the defendant in maintaining its poles too close to the side of the ear.</p> <p>4. Appeal — Matters Not in Record■ — Not Reviewable. The supi'eme court on appeal has no power to amend or correct the record upon affidavits purporting to recite proceedings in the court below to which the record itself contains no reference, and where the affidavits were not presented to the trial court nor filed there.</p> <p>5. Same. Suggestions are offered as to the proper way to bring upon the record the recital of proceedings which take place at the trial during the absence from the court room of the official stenographer, and which a party objecting desires to have reviewed.</p>