Smith v. Joplin & Pittsburg Railway Co.

Citations

• 91 Kan. 31
• 136 P. 930
• 1913 Kan. LEXIS 330

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contributory Negligence — Question of Fact. Upon the undisputed evidence and the facts found by the jury, the question whether the plaintiff was guilty of contributory negligence is one of fact.</p> <p>2. Negligence — Trial—Instruction—Not Prejudicial Error. The consideration of error in an instruction allowing the jury to find a verdict upon grounds of negligence which did not cause or contribute to the injury is unnecessary where the jury bases its verdict upon other grounds.</p>