Rohr v. Reidel

Citations

• 110 Kan. 107
• 202 P. 852
• 1921 Kan. LEXIS 175

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault and Battery — Damages—Ownership of Corn. Where a seller promised another that he might have a load of corn when the seller had acquired it, no agreement was made as to the quality or price of the corn, and no payment therefor made, the proposed purchaser cannot be regarded as the owner of the undelivered corn. A requested instruction that the proposed purchaser was the owner of the corn and had a right to resist by force an attempt of another to take possession of it was properly refused.</p> <p>2. Same — Admissions by Defendant — Instructions. No error was committed in an instruction given to the jury that the fact of an assault admitted by the defendant might be taken as established without other proof.</p> <p>3. Same — Instructions. Nor did the court err in instructing the jury that the defendant was not warranted in striking the plaintiff and in the use of .force to prevent him from taking the corn about which the controversy arose.</p> <p>4. Same — Special Findings — Evidence. The special findings of the jury are held to be supported by sufficient evidence.</p> <p>5. Same — New Trial — Newly Discovered Evidence. A new trial should not be awarded on account of newly discovered evidence where such evidence is immaterial or where there is no reasonable probability that if introduced it would compel a different verdict.</p>