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

Citations

• 64 Kan. 751
• 68 P. 612
• 1902 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Special Questions to Jury. Where evidence is introduced by one party tending to establish the existence of certain material facts, and by the other party in denial, and the court submits special questions to the jury involving the existence or non-existence of such facts, to which the jury answers by saying “don’t know,” and one of the parties requests the court to retire the jury and resubmit the questions and require it to answer them, it is error to refuse such request. {Bent v. Philbrick, 16 Kan. 190; Morrow et al. v. Gomm’rs of Saline Go., 21 Kan. á8á; City of Wyandotte v. Gibson, Adm’r, 25 Kan. 236.)</p>