Shepherdson v. Storrs

Citations

• 114 Kan. 148
• 217 P. 290
• 1923 Kan. LEXIS 44

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ' Collision — Automobile and Buggy — Damages—Loss of Profits from Making and Selling Doughnuts. Testimony of the plaintiff in a persoñal injury as to the profits she had been earning from making and selling doughnuts is admissible as bearing upon the question of her loss on account of the time taken from that business. And it is not error to allow her to testify to the amount of such profits without producing the books which she had kept.</p> <p>2. Same — Negligence—Averments of Petition — Supported by Findings. An allegation of the petition that an automobile collision was caused by the negligence of the defendant in violating an ordinance giving the driver to the right the right of way is supported by a finding that the negligence of the defendant consisted in not looking for approaching vehicles from the right at a street intersection. And such a finding is held to have been supported by the evidence in this case.</p> <p>3. Same — Motion for New Trial — Newly Discovered Evidence. The newly discovered evidence produced in support of a motion for a new trial is held not to be such as to require the reversal of the order denying that motion.</p> <p>4. Appeal — Record of Proceedings — Not Supplemented by Affidavits Filed in this Court. The rule is applied that the record of the proceedings in the trial court cannot be supplemented on appeal by affidavits filed here.</p>