Russell v. Watts

Citations

• 96 Kan. 275
• 150 P. 600
• 1915 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Misconduct of Counsel in Stating Case — Refusal to Discharge Jury — No Error. In an action for damages the plaintiff’s counsel started to assert in his opening statement that the defendants had suffered no pecuniary loss because indemnified, when he was stopped by the court and the jury were carefully instructed to disregard such suggestion, whereupon the defendant requested that the jury be discharged, which request was overruled. Held, that such ruling was not error.</p> <p>2. Trial — Opening Case for Further Evidence — No Error. Permitting further testimony by the plaintiff after he had rested and a demurrer had been interposed was within the sound discretion of the trial court and not error.</p> <p>3. Personal Injuries — No Material Variance between Allegations and Proof. Certain variations between the allegations and the proof were not fatal, for the reason that the evidence nevertheless furnished clear and sufficient support for the conclusion that the plaintiff, without his fault and by the negligence of the defendant, was injured substantially in the manner alleged.</p> <p>4. Same — Instructions—Substantially Correct. Instructions which clearly and substantially state the law applicable to the facts in controversy will not be held bad for mentioning one or two unnecessary matters as incumbent upon the defendants in the operation of their work.</p> <p>5. Same — Recovery—Not Based on Workmen’s Compensation Act. An action for damages at common law is not governed as to the sum to be recovered by the basis fixed for recovery under the workmen’s compensation act.</p>