Sissell v. Sihler Serum Co.

Citations

• 110 Kan. 446
• 204 P. 988
• 1922 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Negligence in Examination and Vaccination of Hogs — Competent Evidence. Evidence of what was by experts considered proper care in the examination and vaccination of hogs at the time and.place those 'of the plaintiff were vaccinated, was properly received.</p> <p>2. New Trial — Newly Discovered Evidence — Want of Diligence. The showing for a new trial on the ground of newly discovered evidence failed to include diligence or any effort for a delay or recess until the missing evidence could be procured. Neither did it appear that with the desired evidence introduced a different conclusion would probably have been reached. Refusal of a new trial held no error.</p> <p>3. Same — Instructions. The instructions refused and those given examined and no error found in respect to either.</p>