City of Chanute v. Higgins

Citations

• 65 Kan. 680
• 70 P. 638
• 1902 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oeeicers —Personal Injuries ■— Question of Law. In an .action, to recover damages for personal injuries, where the facts are undisputed or sufficiently found by a jury,' and but one conclusion can be drawn therefrom, whether such facts constitute negligence is a question of law.</p> <p>2. Practice, Supreme Court — When Verdict is Conclusive'— Passion and Prejudice. A reviewing court may not set aside the verdict of a jury and a judgment rendered thereon by the trial court on the ground that it is excessive, unless the amount so found is so.clearly disproportionate to the injury sustained, or so grossly excessive, as to render it morally certain that such verdict could not have been the result of the calm and deliberate judgment of the triers, but was the result of passion and prejudice.</p>