Cardwell v. Union Pacific Railroad

Citations

• 90 Kan. 707
• 136 P. 244
• 1913 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Jurisdiction of Supreme Court — Amount Directly; Affected by Alleged Error Less than $100. The supreme court, has jurisdiction of an appeal notwithstanding the amount m. controversy directly affected by the error relied upon for reversal is less than $100, if there is a fair basis for the contention that the error affects the entire verdict and indicates that the complaining party has not had a fair trial upon a claim involving in the aggregate more than $100.</p> <p>2. Verdict. — Not at Variance with Evidence. The verdict in the present case is not shown to be so at variance with the evidence as to require a new trial, and the judgment is affirmed.</p> <p>S. Grain in Transit — Shrinkage—Judicial Notice. The courts will take judicial notice of the natural shrinkage of grain in transit; and the legislature having recognized the fact that wheat in transit will naturally shrink as much as .one-fourth of one per cent of its total weight, no proof is required of this well-known fact.</p>