Jackson v. Uncle Sam Oil Co.

Citations

• 97 Kan. 674
• 156 P. 756
• 1916 Kan. LEXIS 375

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Petition—Motion. A motion to require a plaintiff to make his petition more definite and certain by setting out facts which are evidentiary in their nature is properly denied, where the ultimate facts to be proved are alleged.</p> <p>2. Same — Petition—Demurrer. The petition and demurrer thereto have been examined, and it is held that the demurrer was properly overruled.</p> <p>S. Trial — Court Excluded Incompetent Evidence. A trial court does not commit error in excluding incompetent and irrelevent evidence, although no objection is made by the party against whom the evidence it attempted to'be introduced.</p> <p>4. Trial — Error in Admission and Rejection of Evidence. Certain contentions of error in the admission and exclusion of evidence have been examined and found not sufficiently prejudicial to warrant a reversal of the judgment, under section 581 of the code of civil procedure.</p> <p>5. Trial — Demurrer to Plaintiffs Evidence. Where a petition states a cause of action and the evidence tends to prove that cause of action, it is not error for the court to refuse to withdraw all evidence of damage from the jury or to refuse to sustain a demurrer to the plaintiff’s evidence.</p> <p>6. Trial — Exemplary Damages — Instructions. Instructions concerning exemplary damages, although correct, but erroneously given, will not cause a reversal of a judgment where the verdict of the jury shows that no exemplary damages were allowed.</p> <p>7. Trial — Damages—Motion to Set Aside Verdict Denied. In an action for damages, it is not error to refuse to set aside a verdict, where the several items of damage allowed by the jury are proved and the findings of the jury are consistent with each other and with the general verdict.</p>