Moore v. Wilson

Citations

• 95 Kan. 637
• 149 P. 739
• 1915 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Live Stock — Wrongfully Quarantined — Damages—Erroneous Instructions When Not Prejudicial. Erroneous instructions in a damage action, with respect to the rightfulness of the defendants’ conduct, can not be prejudicial to the plaintiff where the jury find that the acts complained of were wrong-' ful, but occasioned him no injury.</p> <p>2. Same — Setting Aside Verdict —Attorney’s Fees — Punitive Damages — Instructions. Upon the setting aside of that part of a verdict which allows the plaintiff to recover his attorneys’ fees in the action, he Is not entitled to a new trial on the ground that the jury would have allowed him punitive damages if they had not been erroneously instructed that he could recover his attorneys’ fees, where he invited the error by asking both punitive damages and his attorneys’ fees.</p> <p>3. Same — Refusal to Submjt Certain Special Question — No New Trial Required. The refusal of the court to submit to the jury the question of the liability of one of two defendants (whose offense, if any, was of a less degree) for punitive damages, will not ordinarily be a sufficient ground for granting a new trial, where the jury, although having the opportunity, find no punitive damages against the other defendant.</p>