Feighley v. C. Hoffman & Son Milling Co.

Citations

• 100 Kan. 430
• 165 P. 276
• 1917 Kan. LEXIS 341

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Milldam — Flooding Lands■ — Joint Wrongdoers — Effect of Releasing One. The doctrine of Edens v. Fletcher, 79 Kan. 139, 98 Pac. 784, to the effect that an acknowledgment by the plaintiff of satisfaction against one of several defendants sued as joint wrongdoers, which constitutes only partial payment of the damages and in which the plaintiff expressly reserves the right to proceed aga'inst the other wrongdoers, does not operate to release the others where it appears that the parties to the arrangement did not intend such a result, reaffirmed and applied.</p> <p>2. Same — Demurrer to Evidence — Trial Court Can Not Weigh Evidence. The rule applied that upon a demurrer to the plaintiff’s evidence the court can not weight the evidence nor settle conflicts in it, but that if the evidence most favorable to plaintiff tends to support the issues in the case the demurrer must be overruled and the case submitted to the jury.</p>