Wall v. Union Traction Co.

Citations

• 108 Kan. 531
• 196 P. 434
• 1921 Kan. LEXIS 214

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Finding of Jury — Against Plaintiff’s Claim of Negligence, In an action against a traction company to recover damages for personal injuries it is held that under the averments of the petition the burden rested on plaintiff to establish that the car was started, as she alleged, with a violent jerk and with sudden force as she was attempting to board the car, and where, in answer to the following special question: “Do you find that the car started in its usual and ordinary way?” the jury answer: “We don’t know,” the finding will be construed as against the plaintiff’s contention.</p> <p>2. Same — Finding of Jury — Acquits Defendant of Negligence Pleaded. In answer to a request to state in what the negligence of defendant consisted, the jury stated an omission not charged as negligence and not submitted to the jury as a basis of recovery. Held, the answer acquitted the defendant of the negligence pleaded and precluded recovery. (Ivey v. Railroad Co., 99 Kan. 613, 162 Pac. 288, and cases cited in the opinion.)</p> <p>3. Same — Special Findings — .Compel Judgment in Defendant’s Favor. Held, on the facts stated in the opinion, that the special findings compelled a judgment in defendant’s favor notwithstanding the general verdict.</p>