Parks v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 100 Kan. 219
• 163 P. 1066
• 1917 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Cross-examination of Witness. For reasons stated in the opinion an objection to a question on cross-examination is held to have been properly sustained. “-</p> <p>2. Negligence.— Loss of Cattle in Transit — Negligence Found — Not Charged in Petition. In an action founded upon negligence where the jury find generally for the plaintiff, but in a special finding declare that the negligence of the defendant consisted of something not charged in the-petition, it is the duty of the court to render judgment in defendant’s favor. (McBeth v. Railway Co., 95 Kan. 364, 148 Pac. 621; Spinden v. Railway Co., 95 Kan. 474, 148 Pac. 747.)</p>