Roll v. Monarch Cement Co.

Citations

• 100 Kan. 616
• 164 P. 1078
• 1917 Kan. LEXIS 387

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Injuries — Total and Partial Incapacity — Construction of Special Findings — General Verdict. In an action under the workmen’s compensation act the jury returned an affirmative answer to the question whether the plaintiff was at the time of the trial totally incapacitated from performing labor, and a negative answer to the question whether he was at that time partially incapacitated. Held, that in accordance with the rule that special findings must be given such reasonable construction as will harmonize them with each other and with the general verdict, the latter answer should be interpreted to mean that the plaintiff was not partially incapacitated because he was still totally incapacitated.</p> <p>2. Same — Slight Discrepancy in Amount of General Verdict. Where the amount of a general verdict is substantially what might be arrived at consistently with the special findings, and no motion for a new trial is filed, a reversal will not be ordered because of a slight discrepancy that might be the result of an inaccurate computation.</p>