Darling v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 76 Kan. 893
• 93 P. 612
• 1907 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Directing a Verdict. When upon the trial of an action in a district court the plaintiff has introduced evidence tending to establish any cause of action set forth in his petition it is error for the court to instruct a verdict for the defendant.</p> <p>2. -Motion for a New Trial Pending — Case-made—Jurisdiction. In any such action, upon the return of a verdict, a report of a referee or a decision of the court which determines the issues of fact, either party considering himself aggrieved thereby may file his motion for a new trial; and until ten days after such motion is decided the jurisdiction of the court to extend the time for making and serving a case-made for appeal to the supreme court continues.</p> <p>3. Railroads — Shipment of Live Stock — Damages—Evidence— Question for the Jury. In this case it is held that the evidence was sufficient to entitle the plaintiff to a decision thereon by the jury, and that the instruction of the court directing a verdict for the defendant is erroneous.</p>