Bothe ex rel. Bothe v. True

Citations

• 103 Kan. 562
• 175 P. 395
• 1918 Kan. LEXIS 321

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Refusal to Submit Special Questions. It is not error to refuse to submit to the jury special questions which cannot be answered from' the evidence.</p> <p>2. Slander — Words Imputing Larceny — Amount of Recovery. In an action to recover damages caused by slanderous words spoken of the plaintiff charging her with larceny, the amount of recovery should be left to the good sense and fair judgment of the jury, where there is no evidence to show the amount of damage sustained.</p> <p>3. Slander — Certain Evidence Withdrawn — No Error. Evidence was introduced concerning the claimed rights of the parties who were on the premises when the slanderous words were spoken, and concerning why the plaintiff was then at that place. That evidence was afterward withdrawn from the jury, because punitive damages were not alleged nor claimed. Held, not error.</p> <p>4. Slander — Amount of Verdict Reduced by Court — No Error. In an action for slander, a judgment will not be reversed where the trial court reduces thet amount of the verdict, with the consent of the prevailing party, and finds that the jury was not influenced by passion or .prejudice or other improper motives, and there is nothing in the record to indicate that the jury was so influenced.</p>