Weaver v. City of Cherryvale

Citations

• 102 Kan. 475
• 170 P. 997
• 1918 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Findings—Contributory Negligence. In an action against a city for injuries sustained by a pedestrian striking her foot against the end of a plank, which at a street corner extended from the pavement to a curb at the edge of the sidewalk, it is held that the plaintiff, in whose favor a general verdict has been'returned, cannot be said as a matter of law to be convicted of contributory negligence by findings that she was familiar with the conditions, knew the plank was there, and by the exercise of ordinary care could have seen it immediately before reaching it.</p> <p>2. Same — Neto Trial — Granted at Succeeding Term — Error. Where at - a subsequent term the court granted a new trial because of such findings, no motion therefor having been filed by either party, such ruling is reversible on appeal.</p> <p>3. Same — Sufficiency of Evidence. The question of the sufficiency of the evidence, while not presented by a motion for a new trial, held to be involved in the decision on, the effect of the findings.</p>