Vidich v. Occidental Mutual Benefit Ass'n

Citations

• 108 Kan. 546
• 196 P. 242
• 1921 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Benefit Insurance — •Issues of Fact — When Not Disturbed on Appeal. Rule followed that a verdict and judgment on an issue of fact cannot be disturbed on appeal, when there is substantial evidence to support the judgment, although there is strong, persuasive evidence to the contrary.</p> <p>i. Same — Findings of Fact — Duty of Trial Court. Such a case as above calls for the vigorous exercise of the trial court's prerogative to set aside a verdict supported chiefly by interested and distrustful evidence, but the record shows no remission of the trial court’s duty in ■this respect.</p> <p>8. Same — Trial—Instructions. The giving of irrelevant instructions does not constitute reversible error unless it appears that such instructions may have misled the jury or unless prejudice to the rights of appellant occurred thereby.</p> <p>4. Same — The instructions given and refused examined and no error discerned therein.</p>