Flynn v. Hollenback

Citations

• 103 Kan. 448
• 173 P. 925
• 1918 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.'</p> <p>1. Negligence — Damages—Exemplary Damages — Necessary Allegations. In order to recover exemplary damages, it is not necessary that the petition allege in so many words that the wrongful acts were committed with wantonness, recklessness, or malice, if the facts stated show such gross negligence as amounts to wantonness or a reckless disregard of plaintiff’s rights.</p> <p>2. Same — Exemplary, Damages — Instruction. The petition and evidence held sufficient to justify an instruction submitting to the jury the question of exemplary damages.</p> <p>3. Malicious Prosecution — Evidence—Probable Cause. Upon the facts stated in the opinion, it is held there was sufficient conflict in the evidence to justify the court in submitting to the jury the question of probable causé for a criminal prosecution.</p> <p>4. Damages — Two Causes of Action Joined — Evidence Sustained Both Causes — One General Verdict — No Error Shown. In an action to recover actual and exemplary damages because defendant drove his automobile against plaintiff’s vehicle, injuring him and his-property, there was joined a cause of action for malicious prosecution in causing plaintiff’s arrest and imprisonment on the charge of having taken, carried away, and used defendant’s automobile “with intent to deprive the Owner of the temporary use thereof, against the owner’s will.” (Gen. Stat. 1915, § 3460.) There was evidence to sustain both causes of action, and the jury returned a general verdict in plaintiff’s favor. Held, that defendant, having failed to request findings showing upon which cause of action the verdict was based (and for other reasons stated in the opinion), has made no affirmative showing of error.</p>