Missouri, Kansas & Texas Railway Co. v. L. A. Watkins Merchandise Co.

Citations

• 76 Kan. 813
• 92 P. 1102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Question of Law or Fact. Whenever the evidence has reached a point where it must be weighed and conclusions deduced therefrom the jury alone must make the deductions in the first instance, and not the court.</p> <p>2. Carriers — •Injury to Freight — Negligence a Question of Fact. In an action for loss of goods through the alleged negligence of a common carrier, where there is no direct evidence to show whether the loss was caused by the .negligence alleged, or by a defect in the tank furnished by the plaintiff consignee, or by causes specified in the bill of lading as relieving the carrier from liability, but the fact must be determined by inferences or deductions from facts proved, the court should not sustain a demurrer to the evidence nor direct a verdict.</p> <p>'3. Practice, District Court — Instructed Verdict — Special Findings. Special findings accompanying a verdict rendered on the direction of the court are immaterial.</p>