Smith v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 19 N.M. 247
• 142 P. 150

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. On appeal to this court, where the only assignment of error is that the court below refused to sustain a motion for judgment upon the special findings of the jury, this court under Section 2993, C. L. 1897, is limited to a determination of whether or not such special findings are inconsistent with the general verdict. The special findings override the general verdict only when both cannot stand together, the antagonism being such, upon the face of the record, as is beyond the possibility of being removed by any evidence legitimately admissible under the issues in the cause.</p> <p>P. 251'</p>