Brown v. Kansas Electric Utilities Co.

Citations

• 110 Kan. 283
• 203 P. 907
• 1922 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Street-railway Crossing — Stalled Automobile — Special Findings Interpreted. A fair interpretation of special findings of the jury is that while plaintiff was guilty of negligence in stalling his automobile on the street-car track at a crossing, the motorman operating a street car which collided with the automobile was negligent in failing to stop his car after the negligence of the plaintiff had ceased, in that he had time and opportunity to have stopped his car and prevented the collision after the peril was discovered.</p> <p>2.' Same. A special finding that an injury was caused by one kind of negligence does not preclude reliance on another ground which, according to other findings, the jury has found was established.</p> <p>3. Same — Interpretation of Special Findings. Obscurity or slight inconsistency in special findings does not necessarily require the overthrow of a verdict. All findings are to be considered together, and if one interpretation points to inconsistency with the verdict and they are fairly susceptible of another which harmonizes with the verdict, the latter should be adopted.</p>