Smith v. Iola Portland Cement Co.

Citations

• 86 Kan. 287
• 120 P. 349
• 1912 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Misconduct op Counsel — When Prejudicial. Before a judgment will be reversed for misconduct of counsel of the prevailing party occurring at the trial it must be made to appear that such misconduct prejudiced the rights of the defeated party.</p> <p>2. - Instructions — Verdict — Evidence. Ordinarily where the trial court has directed' the jury to disregard .the matter and with full knowledge of all the circumstances has approved the verdict and has overruled a motion for a new trial based upon the ground of such misconduct, this court will not reverse- the judgment. Especially is this true where the verdict does not appear to be against the preponderance of the-evidence and where the amount of the verdict appears not to be excessive.</p>