Thompson v. Aultman & Taylor Machine Co.

Citations

• 94 Kan. 453
• 146 P. 1188
• 1915 Kan. LEXIS 107

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Filing Reply After Case Called for Trial — No Showing for Continuance. A court may allow the plaintiff to file a reply, consisting of a general denial, after the case is called for trial, and then compel the defendant to go on with the trial, in the absence of a showing that he is not ready, or that he has been misled, or that he will be prejudiced thereby.</p> <p>2. Personal Injuries — Permanent Injuries to Plaintiff’s Ear— Covered by Allegations of Negligence in Petition. In an action for damages for personal injury, an allegation in a petition that the plaintiff was thrown out of a buggy, to the ground, on her head and arms, breaking her right forearm, throwing the wrist of her right arm out of place, filling her head and scalp with gravel, and “severely injuring and bruising her in a'11 parts of her body and putting her in danger of her life,” is sufficient to permit proof of permanent injury to her ear.</p> <p>3. TRIAL — Instructions—Refusal Not Error. It is not error to refuse to give proper instructions, requested, when the court gives the same, or substantially the same, instructions in the general charge to the jury.</p> <p>4. Same — •Instructions — Assumptions. An instruction which assumes that the result or consequence of negligence is itself the act'of negligence is properly refused.</p>