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

Citations

• 84 Kan. 354
• 114 P. 223
• 1897 Kan. LEXIS 187

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Grounds for Action — Unavoidable Accident. A cause of action based upon negligence can exist only where the defendant wrongfully fails to perform some duty owed to the plaintiff.</p> <p>2. - Verdict Inconsistent with the Special Findings. In an action founded upon negligence, where the jury find that the defendant was not guilty of any of the acts of negligence charged, a yerdiet in favor of the plaintiff can not be permitted to stand.</p>