Spottsville v. Western States Portland Cement Co.

Citations

• 94 Kan. 258
• 146 P. 356
• 1915 Kan. LEXIS 81

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — For Plaintiff by Default — Judgment Set Aside on Plaintiff’s Motion — No Error. After the plaintiff had introduced certain evidence before the court, the defendant being- in default, a judgment for $1 and costs was rendered, which was promptly paid into court by the defendant, but not received by the plaintiff. Two days after the rendition of such judgment, the journal entry of which recited that the injury was caused by the defendant’s negligence, the plaintiff filed a motion to set it aside and grant a new trial, and the court heard evidence thereon and granted the motion. Held, that such order was valid and proper.</p> <p>2. Workmen’s Compensation Act — Defendant Not Within Its Provisions. At the time of the injury, the workmen’s compensation act of 1911 (Laws 1911, ch. 218, § 8) was in force. There was neither allegation nor proof that the defendant corporation had elected to come within its provisions, but there was some evidence that it had not done so. Held, that the court properly assumed and instructed that such an election had not been made.</p> <p>8. Evidence — Rejection—Not in Record for Review. A complaint of the rejection of evidence can not be considered when such complaint is based on nothing appearing in the record.</p> <p>4. Personal Injuries — Verdict for $3000 Not Excessive. A quarryman forty-three years of age, who was making- from $1.12 to $5.32 a day, had his arm injured by the falling of a suspended rock, after which injury an X-ray disclosed a fracture of the radius. Two operations were performed, but at the trial, fourteen months after .the injury, it was testified that the ends of the bone were not united. The‘-'plaintiff testified that it took him about three ;weeks to do five days’ work and that he had suffered much pain and had no control over his injured arm. Helé, that a verdict for substantially $3000 is not excessive.</p>