Eckerd v. Weve

Citations

• 85 Kan. 752
• 118 P. 870
• 1911 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Assault and Battery — Contributory Negligence. The doctrine of contributory negligence as,a defense has no proper application to an action for damages for an assault and battery.</p> <p>2. -■- Malice — Question for Jury. While malice may be inferred from the intentional use of a deadly weapon, the inference and the weight to be given to it are for the jury to determine, considering the character of the instrument, the manner in which it is used, and all the attendant circumstances.</p> <p>S. Evidence — Motive of Witness. While the circumstances attending the act of a party are' competent evidence of the condition or state of his mind in doing it, his own testimony as to his motive, purpose and intent is also competent.</p> <p>4. Findings — Inconsistency-of. The findings of a jury upon the several items of damages allowed are examined, and it is held that they are inconsistent and can not be harmonized.</p>