57 Kan. 154 | Kan. | 1896
Stredder was allowed to testify to his opinion as to the safety of the crossing, and said that he considered it, like other railroad crossings through the country, too narrow for safety, and the court refused to strike out his answer on the ground of incompetency. It was a question for the jury to determine as to the sufficiency of the crossing, after being informed of its width and of the character of the vehicles passing over it as usually drawn, and opinion evidence as to its safety was incompetent.
Many of the questions submitted to the jury were leading and negative in form, and others grouped together several questions in one. These faults should be avoided hereafter. .
For the several errors referred to, the judgment will be reversed, and the cause remanded for a new trial.