Lewellen v. Kansas Natural Gas Co.

Citations

• 85 Kan. 117
• 116 P. 221
• 1911 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Special Findings Inconsistent with General Verdict — Judgment Non Obstante. Answers to special questions are not a sufficient basis for a judgment non obstante unless they are clearly, inconsistent with the general verdict.</p> <p>2. - Same. In order to separate water and other foreign substances from natural gas flowing through its pipe, a company maintained a drip pipe, in connection with which was a valve, and also a perpendicular pipe about two feet high into which gas from the conveying pipe could be released by a valve turned by a wrench. A boy nine years old, playing with the appliance — the wrench having been left on the core of the valve — turned the valve, and the force of the released gas instantly killed him. The father, who recovered damages for the death, was found to have known that escaping gas was dangerous to persons inháling the same and to have known the use of the pipes and appliances. Held, that such findings are not sufficiently inconsistent with the general verdict to warrant a judgment non obstante.</p>