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

Citations

• 88 Kan. 784
• 129 P. 1157
• 1913 Kan. LEXIS 419

Syllabus

<p>SYLLABUS,BY THE COURT.</p> <p>1. Misconduct of Juror—Statement of Facts in Jury Room Not in Evidence. A prejudicial statement by a juror to his fellow jurors, made as a positive fact and within his personal knowledge, will ordinarily be deemed sufficient ground for setting aside a verdict, but a statement by a juror to other members that he had heard a rumor to the effect that one of the parties to the action had made an offer of compromise, which was not accepted, and which statement was treated as a mere rumor by the jury and not as a fact within the personal knowledge of the juror who mentioned the rumor, is not sufficient to overthrow the verdict.</p> <p>2. Special Findings'—Proper Questions to be Submitted. A litigant has a right to special findings on the ultimate facts in the case, but the court is not warranted in submitting questions which require the itemizing of such facts or which call for mere evidentiary matters upon which such facts were based.</p> <p>3. Damages—Amount Does Not Indicate Prejudice or Passion. Under the testimony it is held that the award of damages herein is not so great as to indicate that the verdict was the result of prejudice or passion.</p>