Negligence and Compensation Cases Annotated Volume 11
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...that after the sewer main was laid the earth was replaced, but by reason of the extremely In Hoyt v. Dengler, 54 Kan. 309, 38 Pac. 260, this language is found: "Where no instructions are asked, a failure to make them as full as the plaintifl would like is not ground of error." (Syl. I 1.) It does not appear that the substantial rights of the defendant have been prejudiced by the failure of the court to instruct the jury concerning this matter. Section 581 of the code of civil procedure requires that all mere technical errors and irregularities which do not afiirmatively appear to have prejudicially affected the substantial rights of the party complaining shall be disregarded, where it appears upon the whole record that substantial justice has been done by the judgment or order of the court. (Saunders v. Railway Co., 86 Kan. 56, 119 Pac. 552; Nordman v. Johnson, 94 Kan. 409, 146 Pac. 1125; Berhenke v. Penfield, 94 Kan. 532, 146 Pac. 1187.) (3) The next complaint also concerns the instructions, and, quoting from the defendant's brief, is as follows: "The 5, 1920, did not limit the recovery for inability, if any, to work and earn money after t e accident to the period commencing with plaintiffs 21st birthday, March plaintifl"s father having brought separate suit in the same court against the defendant and having been compensated in full for loss of services of the plaintifl in the case at bar up to that date." On the amount of recovery the court instructed the jury as follows: "If you find that the plaintifl is entitled to recover in this case, the next question for your consideration is the measure of his recovery. He may recover for pain and suffering and for permanent injury. "There is no...
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- 13 Sep 2013
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