Oliver v. Christopher

Citations

• 98 Kan. 660
• 159 P. 397
• 1916 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal and Error — Harmless Error — Workmen’s Compensation Act — Petition—Negligence. The refusal to strike from a petition under the workmen’s compensation act allegations regarding negligence held not to constitute material error, because in the light of the entire record it clearly could not have resulted in prejudice.</p> <p>2. Same — Harmless Error — Petition—Anticipating Defense. The refusal to strike from the petition matter negativing an anticipated defense held to be- nonprejudicial.</p> <p>3. Master and Servant — Injury to Servant — Partial Disability■ — Evidence. Testimony of a plaintiff that the loss of an eye had impaired his efficiency as a workman, because he could not gauge distances as well as before, is a sufficient basis for a finding of partial disability under the compensation act.</p> <p>4. New Trial — Excluded Evidence — Failure to Produce — Waiver. The rule applied that the omission to produce excluded evidence at the hearing of the motion for a new trial waives any error in its rejection.</p> <p>5. Master and Servant — Injury to Servant — Duration of Disability — ■ Judgment. Where in an action under the workmen’s compensation act the duration of the plaintiff’s total disability, and the existence of permanent partial disability, are fixed by special findings which have not been influenced by any error available on appeal, a judgment making the minimum allowances required by the statute can not be reversed at the instance of the defendant because the general verdict or other findings are not supported by the evidence.</p>