Kansas City, Mexico & Orient Railway Co. v. Turley

Citations

• 71 Kan. 256
• 80 P. 605
• 1905 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Right of Way — Items of Damages — Special Findings. In an action for damages where, in addition to the general verdict, special questions of fact are submitted to, and are answered by, the jury relative to the amount of the several items of damages allowed, and it is apparent that the jury in answering as to one item of the damages erroneously included another item of damages of a specific, definite amount, and such error was carried into the general verdict to the same amount, it is not error for the -court to refuse to set aside such findings and to grant a new trial, but it may exclude such specific, certain item, so erroneously included in the general verdict, and award damages for the reduced amount so found; that is, it may deduct from the general verdict the amount of the evident error, if such error be specific and certain as to the amount, and be shown by other findings in the case.</p>