Ruth v. Witherspoon-Englar Co.

The” opinion of the court was delivered by

Marshall, J.:

In the application for a rehearing it is shown that the plaintiff filed a written demand for a jury trial/ The abstract does not show that a jury trial was demanded. In *407the opinion delivered May 12,1917 (Ruth v. Witherspoon-Englar Co., 100 Kan. 608, 164 Pac. 1064), this court assumed that the trial court called a jur-y to find the facts on particular issues. It is now' necessary to determine whether it was or was not reversible error for the trial court to submit the cause to the jury on the three special questions set out in the former…