Thompson v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 104 Kan. 116
• 177 P. 536
• 1919 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Personal Injuries — Evidence—When Fact fox the Jury. From the evidence on certain questions, different minds might reasonably have reached different conclusions; therefore, the findings of the jury on those questions, having received the approval of the trial court, and being conclusions that might reasonably have been reached from the evidence, will not be disturbed.</p> <p>2. Samf — Contributory Negligence — Eliminated by Findings. The defense of contributory negligence was eliminated by the findings of the j'ury, which findings showed, either that the deceased was not guilty of contributory negligence, or that the defendant had not complied with the federal employer's liability act.</p> <p>S. Same — Defective Car Coupler — Finding Sustained by Evidence. Evidence that an automatic car coupler failed to couple on two successive impacts warrants a jury in finding that the coupler was defective, and where the evidence shows that the car was old and was destroyed soon thereafter, the jury is justified in finding that the coupler was worn.</p>