Linker v. Union Pacific Railroad

Citations

• 87 Kan. 186
• 123 P. 745
• 1912 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Motion for Judgment — Motion for New Trial— Waiver. Procuring a favorable decision of a motion for judgment on the special findings, notwithstanding the general verdict, never operates as a waiver of a motion for a new trial so long as the decision of the former motion is subject to review.</p> <p>2. - Same. The trial court sustained the defendant’s motion for judgment on the special verdict. No action was taken on the motion for a new trial. The plaintiff appealed and the decision was reversed. Held, that the defendant was entitled to a ruling upon the motion for a new trial, notwithstanding the mandate directed that judgment be rendered for the plaintiff on the general verdict.</p> <p>3. MIotion for New Trial — Duty of Succeeding Judge. One of the grounds of the motion for a new trial was that the verdict was not sustained by the evidence. The judge who tried the case having resigned, the motion came on for hearing before his successor. Held, that it was error not to grant a new trial.</p>