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

Citations

• 78 Kan. 87
• 96 P. 34
• 1908 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury and Jurors — Special Findings Inconsistent with the General Verdict. When a jury, in addition to a general verdict, make special findings of fact which are inconsistent with the general verdict the special findings control, and the general verdict should, on proper motion therefor, be set aside.</p> <p>2. -Right to a Jury Trial. In this case either party was entitled to a jury trial as of right.</p> <p>3. Damages — Trespass—Special Findings Inconsistent with a Verdict for Either Party. The special findings herein are inconsistent with themselves and with a general verdict or judgment in favor of either party, and, after setting aside the general verdict, it was error to render judgment for the defendant.</p>