Walsh v. Joplin & Pittsburg Railway Co.

Citations

• 100 Kan. 232
• 164 P. 184
• 1917 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>i.. Trial — Evidence—Demurrer Overruled — New Trial. Where a trial court grants a new trial for the reason that the verdict is not' sustained by the evidence, but is contrary thereto-, and for the further reason that the court erred in overruling a demurrer to the evidence, the order granting the new trial will not be set aside on the ground that the court did not err in overruling the demurrer to the evidence.</p> <p>2. Same — New Trial — Conflicting Evidence. Under the circumstances disclosed in the first section of this syllabus, an order of the trial court granting a new trial will not be set aside where the evidence is conflicting.</p>