Cole v. Gray

Citations

• 70 Kan. 705
• 79 P. 654
• 1905 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Exemplary. In an action where no actual damage is alleged or proved, no exemplary, or punitive, damages are recoverable.</p> <p>2. -Mental Suffering. In an action where no physical injury is alleged or proved, no damages for mental suffering or anguish are recoverable.</p> <p>3. Practice, District Court — Condition Precedent to Reopening a Case. Where the plaintiff has introduced all the evidence he chooses to offer and has rested his case, and a demurrer to such evidence is interposed and properly sustained, it is not error for the court to condition the allowance of a motion of the plaintiff to reopen the case for the purpose of offering certain other specific evidence upon an undertaking of plaintiff’s counsel to offer still further evidence shown to be immediately accessible, which is regarded by the court as essential. Upon the refusal of the plaintiff’s attorney to comply with such condition, the court may deny the application to reopen, and render judgment for the defendant.</p>