Toelle v. Sells-Floto Shows Co.

Citations

• 111 Kan. 562
• 207 P. 849
• 1922 Kan. LEXIS 295

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Negligence—Personal Injuries — Proper Party Defendant. In an action for damages for negligence to an employee of a traveling circus, the evidence examined and held to show that the defendant corporation was the proper party defendant and properly held liable for the negligence which caused his injuries.</p> <p>2. Evidence — ¡ Correcting Mistake in Depositions Refused — No Error. A statement or supplementary certificate of a notary and stenographer who took depositions reciting that he had made a mistake in copying the questions and answers, which conformed to no rule of evidence, was properly held inadmissible.</p> <p>3. Same — Title to Corporate Property — Cross-examination of Witnesses. Cross-examination of witnesses to show possible explanations of nominal transfers of title to corporate property was properly permitted.</p> <p>4. Same — Competent Evidence. Certain files in the action, the summons, sheriff’s return, and answer of defendant, and the testimony of the clerk of the court touching what pleadings had been filed, were admissible in evidence.</p> <p>5. Same — Demurrer Properly Overruled. Demurrer to evidence and motion for directed verdict, filed in defendant’s behalf, were properly overruled.</p> <p>6. Same — Special Question's. A special question which assumed the truth of a disputed fact was properly refused submission to the jury.</p> <p>7. Sam:e — Rejected Evidence. Matters offered in evidence and rejected, and brought on the record in support of the motion for a new trial examined, and held not to require the granting of a new trial.</p> <p>8. Bonds — Forthcoming Bond — Bond to Pay Judgment. The difference between a forthcoming bond and a bond to pay a judgment which discharged an attachment discussed.</p> <p>9. Evidence — Special Findings. Special findings of a jury on pertinent issues of fact, when supported by evidence, need not be set aside on a motion to that effect.</p> <p>10. Instructio