Coffeyville Mining & Gas Co. v. Carter

Citations

• 65 Kan. 565
• 70 P. 635
• 1902 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Judgment on Opening Statement. It is not error to deny a motion for judgment based upon the opening statement of plaintiff’s case to the court and jury, unless such statement admits the existence of facts which absolutely precludes a recovery by plaintiff.</p> <p>• 2. Action for Death — Measure of Damages. In an action for damages for death by wrongful act, it is proper to receive evidence of whatever facts made the life of the deceased of pecuniary value to the survivors entitled to sue and recover damages for the death, including the ability of deceased to earn money or accumulate property; his disposition to contribute support; his condition of health; the probable duration of his life; and also the number, age, sex, health or condition in life of his surviving children dependent on him for care, support, education, and maintenance.</p> <p>3. -Findings Construed. Findings of jury examined, and held to authorize neither a judgment in favor of defendant as against the general verdict, nor the granting of a new trial.</p>