Metropolitan Street-railway Co. v. O'Neill

Citations

• 68 Kan. 252
• 74 P. 1105
• 1904 Kan. LEXIS 96

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — New Trial. Section 307 of the code of civil procedure (Gen. Stat. 1901, §4755), which provides that “a new trial shall not be granted on account of the smallness of the damages, in an action for an injury to the person or reputation, nor in any other action where the damages shall equal the actual pecuniary injury sustained,” denies the right to grant a new trial in the kind of actions therein named on account of the smallness of the damages awarded, and to grant one is error.</p> <p>2. - Code Construed. The last clause of said section is a limitation on the right to grant new trials under the provisions of section 306 (Gen. Stat. 1901, § 4754), rather than an enlargement of the power denied in the first.part thereof.</p>