Thomas v. Kansas City Elevated Railway Co.

Citations

• 76 Kan. 141
• 90 P. 816
• 1907 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Demurrer to Evidence Improperly Sustained on a Motion for a New Trial. Where a demurrer to the evidence of the plaintiff has been overruled, and the trial proceeds to a verdict and judgment in favor of the plaintiff, the court may not, upon a motion of the defendant for a new trial, set aside the verdict and judgment, and then sustain the demurrer to the evidence upon the ground that it is insufficient and enter judgment against the plaintiff for costs, unless it appears that the deficiency in the evidence cannot be supplied by the plaintiff and that upon another trial he would be unable to make a prima facie case.</p>