Brice-Nash v. Hutchinson Interurban Railway Co.

Citations

• 102 Kan. 36
• 169 P. 189
• 1917 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Action Dismissed — New Action Begun — New Causes of Action — Statute of Limitations. A plaintiff whose action is disposed of otherwise than on the- merits cannot in a new action brought within a year engraft causes that are barred upon causes pleaded in the first action that are not barred.</p> <p>2. Same. Herein it is held that the cause of action stated in the second action is substantially the same as that pleaded in the first.</p> <p>3. Same — Findings Contrary to Evidence — New Trial. A verdict of the jury must be'set aside where special findings material to its support are determined by the court to be contrary to the evidence.</p>