Ratliff v. Union Pacific Railroad Co.

Citations

• 86 Kan. 938
• 122 P. 1023
• 1912 Kan. LEXIS 419

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Killing of Stock — Negligence — Inconsistent Findings. In an action against a railroad company for the death of cattle, the claim of liability being based upon a defective cattle guard, a finding that a proper cattle guard would not have prevented the cattle from getting on the track is inconsistent with a verdict for the plaintiff.</p> <p>2. New Trial —iVo Motion — Inconsistent Findings — Equity. Under the provision of the present code that the supreme court on appeal may direct such judgment as justice requires, without regard to irregularities in the proceedings of the trial court, a new trial may be ordered upon the reversal of a judgment because of inconsistency between the verdict and the special' findings, although no motion for one was . filed, where it is evident that if the trial court had taken this court’s view of the meaning of the findings a new trial would have been asked and granted.</p>