Harrod v. Latham Mercantile & Commercial Co.

Citations

• 77 Kan. 466
• 94 P. 11
• 1908 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Constitutional Law — Title of an Act — Insurance. The title of chapter 93 of the Laws of 1871 (Gen. Stat. 1901, ch. 50) is sufficient to embrace the provisions contained in sections 18 and 23 of the act (Gen. Stat. 1901, §§ 3381, 3386), including the penalties prescribed therein.</p> <p>2. - ———■ Procéeds of Fines for Breach of Penal Law — Diversion from School Fund. The provision of section 22 (Gen. Stat. 1901, § 3385) of the act referred to that one-half of such penalty when collected shall be paid into the treasury, for the use of the county, and the other half to the informer, is invalid, being in violation of section 6 of article 6 of the constitution. (Gen. Stat. 1901, § 182.)</p> <p>3. - Statutory Construction — Part Invalid — Separable Provisions. This invalid provision is not such an' integral portion of the whole law as to be inseparable; the act provides proper means for collecting such penalties, which will be disposed of as the constitution directs, and this does not violate the legislative intent or impair, the efficacy of the law.</p> <p>4. Remedies — Damages Recoverable for Violation of Penal Statute — Insurance. The penalties above referred to are not so far exclusive as to preclude a party suffering loss from a violation of the statute from recovering damages from the wrong-doer. The decision of this court upon the former hearing is adhered to.</p> <p>5. Evidence — Weight of Uncontradicted Testimony — Question . for the Jury. When the burden of .proving the material averments of a petition is upon the plaintiff it cannot be determined, as a matter of law, that the jury are bound to accept the evidence as true, although not contradicted; the weight and sufficiency of testimony to prove a fact thus in issue is for the jury in the first instance, subject to the supervisory powers of the court to be exercised afterward, if found necessary.</p>