Collins v. Morris

Citations

• 97 Kan. 264
• 155 P. 51
• 1916 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Motion for New Trial — Its Purpose. The purpose of a motion for a new trial is to inform the trial court what errors are relied upon in order that the court may, by granting a new trial, correct any error shown to exist.</p> <p>2. Appeal — Matters for Review. “Only such matters as were considered by the trial court are open to review in the supreme court.” (Brook v. Corbin, 94 Kan. 542, syl. ¶ 4, 146 Pac. 1150.) •</p> <p>3. Appeal — Matters Not Raised in Motion for New Trial — Not Reviewable. Following Washburn v. Bank, 86 Kan. 468, 121 Pac. 515, it is held where no complaint of the admission of evidence over plaintiff’s objection was made in the motion for a new trial, the question can not be raised in this court.</p> <p>4. Trees — Owner May Use His Land for Any Purpose Desired. “It is not for the wrongdoer who causes an injury to decide whether an owner should have used his land for a particular purpose nor the use to which it can most profitably be employed.” (Barker v. Railway Co., 94 Kan. 61, 66, 145 Pac. 829.)</p> <p>5. Trespass — Destruction of Trees — Measure of Damages — Evidence. In an action under section 9692 of the General Statutes of 1909 by a landowner to recover treble damages for the destruction of trees where plaintiff has elected to recover the distinct value of the trees, which the evidence shows can be determined independent of the land, and has offered no evidence of the value of the land before and after the trees were destroyed, it is error to admit over plaintiff’s objections proof that the land would sell for as much or more for farming purposes without the trees as with them.</p> <p>6. Trespass — Destruction of Trees — Evidence Does Not Sustain Verdict. While it is not the province of this court to weigh the evidence, it may determine that there is or is not. sufficient evidence to support the verdict; and in this case the court determines the verdict is contrary to the evidence and therefore the judgmen