Kolleen v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 72 Kan. 426
• 83 P. 990
• 1905 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, Supreme Court — Personal Injuries — Prior Settlement — Verdict—Failure to Object— Sufficiency. Where in an action to recover damages for a personal injury the defendant pleads a settlement, and the only question submitted to the jury is whether or not the plaintiff was mentally responsible when he made such settlement, and all the evidence given on the trial and all the instructions given to the jury by the court are directed to this single question, and the jury return a verdict finding “for the defendant, that the plaintiff’s claim sued upon has been settled,” and no objection is made thereto, and no application is made to have the same made more specific before the jury is discharged, and the court enters judgment thereon sustaining such settlement, held, that in this court such verdict must be deemed sufficient.</p>