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

Citations

• 64 Kan. 561
• 67 P. 1103
• 1902 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, Supreme Court — Assignments of Error — Special Findings. Where the evidence is not in the record and no mo tion for a new trial was made in the court below, a party at whose instance special questions were submitted to the jury will not bn heard to contend that the answers to such questions must be ignored because they relate to issues not within the pleadings. This court cannot say that such questions and the answers thereto dn not refer to matters treated by the parties as in issue in the court below.</p>