Smith v. Metropolitan Street Railway Co.

Supreme Court of Kansas

Smith v. Metropolitan Street Railway Co.

116 P. 832, 85 Kan. 464, 1911 Kan. LEXIS 98

CourtSupreme Court of Kansas

DecidedJuly 7, 1911

DocketNo. 17,194

StatusPublished

This text of 116 P. 832 (Smith v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Metropolitan Street Railway Co., 116 P. 832, 85 Kan. 464, 1911 Kan. LEXIS 98 (kan 1911).

Pincite

Opinion

Per Curiam:

All the errors assigned relate to the instructions. The court instructed the jury that plaintiff could not recover if she attempted to board the car while it was in motion. This was exactly what instruction number 3 requested the court to charge. In the same instruction the jury were told that she could not recover unless she was at the usual place for passengers to board cars before the car in question started, which was even more favorable to the defendant than requested instruction number 2. It does not seem possible that the jury were misled because the two propositions were not stated in separate instructions.

The judgment is affirmed.

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Per Curiam:

All the errors assigned relate to the instructions. The court instructed the jury that plaintiff could not recover if she attempted to board the car while it was in motion. This was exactly what instruction number 3 requested the court to charge. In the same instruction the jury were told that she could not recover unless she was at the usual place for passengers to board cars before the car in question started, which was even more favorable to the defendant than requested instruction number 2. It does not seem possible that the jury were misled because the two propositions were not stated in separate instructions.

The judgment is affirmed.

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Bluebook (online)

116 P. 832, 85 Kan. 464, 1911 Kan. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-metropolitan-street-railway-co-kan-1911.