Bourquin v. Missouri Pacific Railway Co.

Citations

• 88 Kan. 183
• 127 P. 770
• 1912 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Motion por New Trial—Sustained—Assumption. Where a motion for a new trial on all the statutory grounds has been sustained generally this court on appeal will assume, in support of the ruling, that the trial judge was not able to reconcile the verdict with what he regarded as the true weight of the reliable testimony.</p> <p>2. Duty of Court—Grounds for Sustaining Motion. A motion for a new trial on several grounds is, in effect, a separate motion on each ground, and the better practice would be for the trial court, when sustaining such a motion, to state frankly on the record the specification or specifications which are upheld and those which are overruled.</p> <p>3. Evidence—Records—Superintendent of Railroad Transportation. Under the rule dispensing with the production of voluminous or multifarious documents when impracticable, and the facts stated in the opinion-, it is held that a record in the office of the defendant’s superintendent of transportation, consisting of tables summarizing the use and movement of freight cars on defendant’s lines for each month of a series of years, compiled by his office force under his supervision from information derived from many reports, telegrams and other communications from various persons, was properly admitted in evidence as tending to show an abnormal rush of business and congestion of traffic in one of the months of the tabulation.</p>