37 Kan. 212 | Kan. | 1887
The opinion of the court was delivered by
This action was brought by the plaintiff in error to recover damages for personal injuries, which he alleges he sustained through the conduct of one of the servants or agents of the defendant in error. The defendant in his answer averred that the plaintiff sustained his injuries in attempting
The defendant gave evidence tending to show that between ten and eleven o’clock on the night of June 26th, 1882, a train called “emigrant train,” consisting of an engine, freight and emigrant passenger cars, arrived at Burrión on its way east, and stopped there so that the engine could take water at the tank; that as the rear of the train passed the depot, the conductor, hearing some one hallooing as though he was hurt, caused the train to be stopped, and with the brakeman went to the spot where the noise proceeded from, and found two men, dressed and looking like tramps; one of them was lying on the ground, apparently hurt and in pain, and the other was holding this man’s head up and crying; that the one who was not hurt, upon inquiry as to what was the mat
The case was submitted to the court with a jury, and the jury returned a verdict in favor of the defendant. The court subsequently approved the verdict, and rendered judgment accordingly. The plaintiff in his proceeding in error alleges that the district court improperly received upon the trial the declarations of a person known as “ Cooney,” who claimed to be the “partner” of the plaintiff, as to the manner of his receiving his injuries. Exceptions were also taken to certain instructions.
A careful examination of the record convinces us that the court below could not have committed any error prejudicial to the rights of the plaintiff. After the plaintiff had produced all of his evidence, the defendant demurred thereto, and the court overruled the demurrer. Thereupon, the defendant in
Under these circumstances, it is unnecessary to discuss the various alleged errors presented in the brief of plaintiff.
The judgment of the district court will be affirmed.