Wingfield v. McClintock

Citations

• 85 Kan. 207
• 113 P. 394
• 1911 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Evidence-Conflicting Testimony. On the trial of a case, where there is conflicting evidence on the one hand tending to establish a material fact, and on the other to disprove it, it is error for the court to sustain a demurrer to the evidence, however strongly in the opinion of the court the preponderance of the evidence may be against the party on whom rests the burden of the issues.</p> <p>2. Evidence — Experiments — Illustration of a Fact in Issue. Evidence of experiments offered as an illustration of a fact in issue, which experiments are taken under widely different, conditions from the facts sought, to be illustrated, are not admissible in evidence.</p>