Girten v. National Zinc Co.

Citations

• 98 Kan. 405
• 158 P. 33
• 1916 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — Remarks of Trial Judge During Trial — Judgment in Lump Sum — Judicial Discretion. In a colloquy between court and counsel before beginning the empaneling of a jury to try a case under the workmen’s compensation act, the court in response to a suggestion that as long as the employer is not in default no action to recover can bé brought, replied: “That theory would shut a man out from his right to recover a lump sum and would not give him any discretion.” Held, that neither this remark nor the instructioiis show that the court failed to exercise its discretion in the matter' of periodical payments or lump sum judgment. • '</p> <p>2. Same — General Verdict — No Material Error. While the jury returned a general verdict they also made the necessary findings on which the court could enter judgment and hence such general'verdict did not constitute material error.</p> <p>3. Appeal — Only Matters in Record for Review. Notwithstanding section 580 of the civil code causes on appeal must be determined upon the record coming from the trial court. (In re Burnette, 73 Kan. 609, 85 Pac. 575; Hess v. Conway, 93 Kan. 246, 144 Pac. 205.)</p> <p>4. Excessive Judgment — Modified. On account of an excess in the judgment it is ordered modified. It is then affirmed.</p>