Simpson v. Schiff

Citations

• 109 Kan. 9
• 197 P. 857
• 1921 Kan. LEXIS 65

Syllabus

<p>SYLLABUS BY THE COURT..</p> <p>1. Negligence — Collision Bettoeen Motorcycle and Automobile — Evidence Sustains Judgment for Plaintiff. In an action to recover damages for injuries resulting from a collision with a motorcycle upon which plaintiff was riding as a passenger and a motor car driven by defendant it is held there was sufficient evidence to sustain a judgment in plaintiff’s favor.</p> <p>2. Same — Request for Separation of Witnesses Denied — No Abuse of Discretion. Before any testimony was offered the defendant asked to have the rule enforced as to plaintiff’s witnesses, but for the reason that defendant’s witnesses had not appeared, the court refused to enforce the rule until they were present. Held, there was no abuse of discretion in the ruling nor in the refusal of the court to continue the case until defendant’s witnesses could be present.</p> <p>3. Same — Evidence of Physician — Improper Cross-examination. A physician, called merely for the purpose of identifying X-ray plates made by him showing a fracture of both bones of one of plaintiff’s legs, testified that he did not know whether the fracture had been reduced before the plates were made, and that he could not say whether or not it was a compound fracture. Held, that an objection to a question on cross-examination calling for his opinion whether or not a compound fracture could be reduced the same as any other kind was properly sustained.</p> <p>4. Same — Remarks and Rulings of Trial Court Not Prejudicial. Remarks made by the court in the trial of a case and other rulings in respect to evidence considered and held not to be prejudicial.</p>