Healer v. Inkman

Citations

• 89 Kan. 398
• 131 P. 611

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury — Arbitrarily Disregarding Unimpeached Evidence. While a jury is at liberty to disbelieve the uncontradicted testimony of a witness which is deemed to be unreasonable and untrue it is never justified in arbitrarily and capriciously disregarding unimpeached evidence.</p> <p>2. - Findings — Unsupported by Evidence • — ■ Inconsistent with Verdict. Where undisputed testimony appears to have been arbitrarily disregarded by the jury and the special questions submitted unfairly answered, and where the special findings returned upon important issues are unsupported by the evidence and some of them are inconsistent with each’ other and with the general verdict, a new trial should be. granted.</p>