Tannahill v. Depositors Oil & Gas Co.

Citations

• 110 Kan. 254
• 203 P. 909
• 1922 Kan. LEXIS 25

Syllabus

<p>SYLLABUS BY TI-IE COURT.</p> <p>1. Ruling on Demurrer to Petition — Time in Which to Appeal. Rule followed that a trial court’s ruling on a demurrer to a petition cannot be reviewed unless an appeal is taken within six months from the time such ruling is made.</p> <p>2. Negligence — Use of Defective Auto — Allegations of Petition. Where an action charges negligence on the part of an employer, and is not founded upon the negligence of his employees for which the employer is liable, the want of allegations of negligence on the part of the employees gives no ground for an objection to the introduction of evidence.</p> <p>3. Same — Rulings on Evidence — No Error. Objections to the competency of evidence disclosed by the record examined, and not sustained.</p> <p>4. Same — Personal Injuries — Demurrer to Evidence Properly Overruled. The evidence to support a cause of action for damages occasioned by the operation of an automobile which was defective and dangerous to use examined, and held that the demurrer thereto was properly overruled.</p> <p>5. Same — Defective Automobile Being Used in Owner’s Business. The evidence examined and held to show that at the time plaintiff was injured by the defective automobile it was being used by the owners’ employees in pursuit of the owners’ business.</p> <p>6. Same — Instruction Properly Refused. Instructions requested which would • completely bar the plaintiff’s right to recover unless the jury should find negligence on the part of the employees operating the car and unless they were using it in the discharge of some duty for their employers, were properly refused.</p> <p>7. Same — Instructions. Instructions given examined, and held to contain nothing prejudicial to defendants. . 4</p> <p>8. Same — Owner of Defective Automobile — Liability for Damages for Permitting Its Use. The owners of an automobile who knowingly permit it to be used on a public street by their employees when it is so greatly out of repair and in such a defect