Francis v. Brock
Supreme Court of Kansas
Error from Montgomery district court; THOMAS J. Flannelly, judge. STATEMENT. THIS action was commenced in the district court of Montgomery county by Calista J. Brock to recover damages for injuries sustained on account of her horse becoming frightened and running away, causing her to be thrown from her buggy. The horse was frightened by an automobile owned and operated by the defendants, George Francis and Will Francis.
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Error from Montgomery district court; THOMAS J. Flannelly, judge. STATEMENT. THIS action was commenced in the district court of Montgomery county by Calista J. Brock to recover damages for injuries sustained on account of her horse becoming frightened and running away, causing her to be thrown from her buggy. The horse was frightened by an automobile owned and operated by the defendants, George Francis and Will Francis. The plaintiff was on the public highway, about one-half of a mile south of Cherryvale, on her way to that city with some farm products for sale. She rode in a one-horse buggy,…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Several questions. have been presented' by the plaintiffs in error, but in the view we have taken. *106one only need be considered. It is insisted that the special findings of fact returned by the jury relating to the amount of damages awarded to the plaintiff are inconsistent with each other and irreconcilable with the general verdict, and therefore will not sustain a .judgment for any amount. In our view, this objection is well taken. By the special questions presented to the jury the injuries sustained by the plaintiff were classified as…
2Cases cited8 opinions
- Broquet v. TrippSupreme Court of Kansas · 1887
- Atchison, Topeka & Santa Fé Railroad v. BrownSupreme Court of Kansas · 1885
- Aultman, Miller & Co. v. MickeySupreme Court of Kansas · 1889
- Kansas City & Southwestern Railway Co. v. FisherSupreme Court of Kansas · 1894
- Shoemaker v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Snyder v. EriksenSupreme Court of Kansas · 1921
- Eckerd v. WeveSupreme Court of Kansas · 1911
- Saar v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Wood v. Union Pacific RailroadSupreme Court of Kansas · 1913
- Folkerts v. Kansas Power & Light Co.Supreme Court of Kansas · 1962
1 more not listed; retrieve them via the Exa API.