Atchison, Topeka & Santa Fe Railway Co. v. Davis

Citations

• 64 Kan. 127
• 67 P. 441
• 1902 Kan. LEXIS 176

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Conflict with Evidence — Duty of Trial Court. When a special finding upon a material matter in issue is submitted to a jury for determination, the party submitting such special question is entitled to an answer in harmony with the evidence in the case, and where the answer of the jury thereto is in direct opposition to the evidence, or is unsupported by any evidence, it is the duty of the court to set aside the verdict and award a new trial to another jury.</p> <p>2. Practice, Supreme Court— Sufficient Record. Record examined, and held, the challenge made to its sufficiency to authorize a review of errors assigned not sustained.</p>