Dalton v. Kansas City, Fort Scott & Memphis Railroad

Citations

• 78 Kan. 232
• 96 P. 475
• 1908 Kan. LEXIS 44

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Passenger Negligently Carried beyond Destination. Where a passenger on a railroad is negligently carried beyond his destination he is entitled, in the absence of other inculpatory circumstances, to recover as damages therefor a reasonable sum for loss of time, necessary expenses incurred, and, in addition thereto, fair compensation for inconvenience experienced, if any, on account of such action of the railroad company.</p> <p>2. -Amount of Award a Question for the Jury. On a trial for damages in such a case, where there is any evidence tending to establish a right to recover, the amount to be awarded is a question for the jury and should not be withdrawn from their consideration.</p> <p>3. -■ — ■ Same. Where, in such a case, the jury return special findings of fact wherein the different elements of damage are stated separately, as follow: for loss of time, $1; expenses, $2.50; inconvenience, $300, the court can not, on a motion to reduce the amount of the general verdict, set aside the finding for inconvenience and render judgment for $3.50, if there is any evidence upon which such finding could have been based for any amount.</p>