Hukle v. Kimble

In the light of the entire record, including the particular issues raised on appeal, I prefer to leave the question whether there shall be a new trial generally or only on the issue of damages to be decided in the first instance by the trial court. Neither of the parties has ever been heard on that question. It was not presented to the trial court and is not mentioned by either of them in this court.

I have noted cases cited in the court’s opinion which may be found in Carlgren v. Saindon, 129 Kan. 475, 283 Pac. 620. I do not disagree with the decision in the Carlgren case from which the…