Williamson v. Prairie Oil & Gas Co.

Citations

• 94 Kan. 238
• 146 P. 316
• 1915 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Instructions in Language of Pleadings —Not Erroneous. It is not- error to incorporate into the court’s instructions the plain and simple language of the pleadings when the issues are fairly presented to the jury by the instructions as a whole.</p> <p>2. Same — Instruction—No Prejudicial Error. Unless an instruction is misleading, error can not be predicated upon it when it is supported, amplified and explained to the jury by other instructions.</p> <p>3. Same. Error can not be predicated upon an instruction that the jury may find for the plaintiff in any sum not exceeding the amount prayed for, when the jury only award half that sum on sufficient evidence.</p> <p>4. Personal Injuries — Dwinages—Future Pain and Suffering. Future pain and suffering as an incident to physical injuries is a proper element of damage — following Arkansas City -a. Payne, 80 Kan. 353, 102 Pae. 781.</p>