Sheat v. Lusk

Citations

• 98 Kan. 614
• 159 P. 407
• 1916 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Receivers — Railroad in Their Possession More Than a Year — Culvert Defective Prior to Receivership — Injury—Receivers Liable. The receivers of a railroad company who have been in possession of the railroad for more than a year are liable for an injury that results from a defective culvert on the right of way at the intersection of the railroad with a highway although the defect existed before they came into the control of the railroad.</p> <p>2. Appeal and Error — Transcript Incomplete — Special Findings — General Verdict — Construction—Evidence—Sufficiency. In the absence of the evidence, and especially where only a part of the facts are embraced in special findings of the jury, the special findings so far as they will admit of it will be given an interpretation consistent with the general verdict, and the general verdict will be deemed to be sufficiently supported by the evidence and to include every element necessary to its validity not negatived by the special -findings.</p>