Chicago, Rock Island & Pacific Railway Co. v. Frazier

Citations

• 66 Kan. 422
• 71 P. 831
• 1903 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Judgment on Pleadings. New matter, fatal to plaintiff’s recovery, was pleaded in an answer. No reply was filed. After trial was begun, a motion was filed by the defendant for judgment on the pleadings, but, no specific reason being given, the motion was overruled and the trial prooeeded in all respects as though the new matter had been denied. Held, that no available error was committed by the court.</p> <p>2. -- New Trial — JExeessive Damages. A verdict for damages must not only be excessive, but appear to have been given under the influence of passion or prejudice, in order to be a sufficient ground for a new trial.</p>