Griffith v. City of Wichita

Citations

• 102 Kan. 23
• 169 P. 546
• 1917 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Obstructing Access to City Property — Instructions'—Findings. In an action for damages for the obstruction of access to property based on but one ground, it was error to permit proof of another ground and to give instructions and submit findings pertaining thereto, but as the jury separated the amounts allowed on account of each, the error was rendered practically harmless as that part of the judgment might have been eliminated.</p> <p>2. Same — Elements of Damages — Instructions. Damages were permitted to be proved on the basis of the plaintiff’s right to occupy a part of a certain street, but this proof was eliminated by an instruction given and the error, if any, was thereby neutralized.</p> <p>8. Same — Special Questions — No Error in Submission. Certain special questions, which the defendants assert were not within the range of the testimony, were submitted, but having been answered in accordance with inferences fairly to be drawn from physical facts shown by the record no error in their submission is disclosed.</p> <p>4. Same — Joint Liability of Defendants. The finding that one of the defendants rearranged certain railroad tracks, thereby obstructing travel in the street, did not relieve the other defendant from responsibility therefor in view of another finding to the effect that such rearrangement was a part of the general enterprise in which they were both engaged.</p> <p>5. Same — Inconsistent and Contradictory Findings. The jury expressly found that a certain depression in one street rendered the passage of teams and vehicles thence into another street impossible, and by another finding stated with equal perspicuity that notwithstanding such depression it would have been practicable for teams, wagons and other vehicles to pass from the one street into the other. Held, that such inconsistent and contradictory findings cannot be permitted to stand.</p> <p>6. Same — Cause of Damages as Alleged Not Proven. It app