Tacha v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 97 Kan. 571
• 155 P. 922
• 1916 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages by Fire — Special Findings Inconsistent with Verdict — No Negligence Shown. Rule followed that special findings of the jury, when inconsistent with the general verdict, control the latter, and judgment should be entered accordingly. (Civ. Code, §294; Laws 1913, ch. 239.)</p> <p>2. Same — Presumption of Negligence Overcome by Defendant’s Evidence. Special findings of fact examined and held to show that the defendant sustained the burden of proof to overcome the statutory presumption of its negligence with respect to a fire which started near .its right of way.</p> <p>3. Reviewed — No Motion for New Trial. Rule followed that questions of law as applied to ascertained facts are subject to review on appeal although no motion for judgment was filed in time in the district court.</p> <p>4. Same. Rule followed that the filing of a motion for a new trial in the district court is not necessary to secure a review of questions of law in the supreme court.</p>