Wisconsin Engine Co. v. Altoona Portland Cement Co.

Citations

• 87 Kan. 806
• 126 P. 1076
• 1912 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Special Findings — Verdict—Judgment. Special findings do not form the basis for a judgment unless inconsistent with the general verdict and consistent with one another.</p> <p>2. Instructions — Reading Contract to Jury. Instructions which fairly recite the claims and contentions of the parties are not rendered erroneous by reading to the jury the contracts involved in the action.</p> <p>3. Special Questions Unanswered — Not Prejudicial. A refusal to require the jury to answer a certain question more specifically is not materially prejudicial when such question has already been given a fairly correct answer and when the matter covered by such question has by the parties been eliminated from the controversy.</p> <p>4. JURY' — Triers of Facts. The jury are the triers of facts, and their verdict reached after considering an abundance of conflicting evidence, and approved by the trial court, must stand.</p>