Bracken v. Champlin

Citations

• 114 Kan. 882
• 220 P. 1027
• 1923 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1-, Alienation op Appections — Inadequate Verdict for Damages — Passion or Prejudice of Jury. In an action by a wife for damages for the alienation of her husband’s affections, where there is evidence which tends to show that as a consequence she suffered great mental anguish and agony, a verdict for the plaintiff for $1.00 is so small and inadequate as to show that the jury was influenced by passion or prejudice.</p> <p>2. Same — Cause Remanded for Purpose of Ascertaining Only Amount of Damages Sustained by Plaintiff. Under the circumstances described in the first paragraph of this syllabus, section 307 of the code of civil procedure commands that on the reversal of the judgment, the cause shall be remanded for the purpose of ascertaining only the amount of damages sustained by the plaintiff.</p>