Todd v. Prairie Pipe Line Co.

Citations

• 108 Kan. 485
• 196 P. 623
• 1921 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Improper Cross-examination of Witnesses. Certain questions asked a witness, to which objections were sustained, are held not to have been within the proper scope of cross-examination.</p> <p>2. Negligence — Escape of Oil from Pipe Line into Pasture — Damage to Cattle — Competent Witness as to Damages. A witness who has had some experience with cattle that have drunk and waded in water in which there was crude oil, and has observed how the cattle were affected by it, may testify as to the effect of oil so taken and applied. The value of such testimony depends largely upon the extent of the witness’s experience and observation.</p> <p>3. Same — No Error in Instructions to Jury. Instructions as to the' negligence of the pipe-line company in allowing oil to escape from a pipe line laid in a pasture in which cattle were kept and where, it was claimed, the negligent escape of the oil had resulted in injury to the cattle, examined and held to be without error.</p> <p>4. Same — Motion for Judgment on Special Findings Properly Denied. A ruling of the court refusing to sustain a motion of defendant for judgment on special findings of the jury upheld.</p>