Schaap v. Hayes

The opinion of the court was delivered by

Mason, J.:

William Schaap brought an action against Perry Hayes to recover damages for an assault and battery alleged to have been committed upon him. The jury returned a verdict for the defendant, but the court set it aside on the ground that it was contrary to the evidence, and he appeals.

The rule is familiar that ordinarily a ruling granting a new *37trial because of the judge’s view of the effect of the evidence is not appealable. The defendant, however, maintains that this case falls within the rule announced in Sovereign Camp v. Thiebaud, 65 Kan.…