McKnight v. Strasburger Building Co.

Citations

• 96 Kan. 118
• 150 P. 542
• 1915 Kan. LEXIS 326

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Motion for Judgment on Pleadings — Properly Overruled. A motion of the defendant for judgment on the pleadings should be overruled where the petition' states a cause of action and the answer thereto states one or more defenses and the reply denies each and every material allegation in the answer inconsistent with the allegations of. the petition.</p> <p>2. Damages — To Stock of Goods — Competent Evidence to Prove Value. - The aggregate value of a number of articles of personal property may be given in evidence when it is not within the power of the party producing the evidence to give detailed values because of the destruction of the property.</p> <p>3. Same — Negligence—Incompetent Evidence. When it is material to describe a past condition or occurrence it is not error to exclude evidence of what witnesses then thought of such condition or occurrence.</p> <p>4. Trial — Immaterial instruction. It is not error for a trial court to refuse to give an immaterial instruction.</p> <p>5. Contract — Party Wall — Interpretation of Contract by the Court. It is proper for the court to give the jury an instruction based on the correct interpretation of a contract set out in the pleadings, where the contract affects the rights and liabilities of the parties to the action.</p> <p>6. Trial — Proper Instruction. It is proper to give an instruction based on evidence, although that evidence is slight.</p> <p>7. Party Wall — Negligence of Part Owner — Liability for Damages. A part owner of a party wall who negligently permits it to stand unsupported and exposed to the weather after fire had destroyed the building, of which the wall formed a part, is liable to another part owner, who is using a part of the wall, for damages resulting to him from a falling of a portion of the wall which he is not using and over which he has no control.</p>