Henderson v. Kansas Power & Light Co.

I am unable to agree with the majority opinion that the answers to the special questions in this case were contrary to the general verdict in favor of the plaintiff.

In considering this matter we must bear in mind the often-repeated rule of this court that a general verdict imports a finding in favor of the prevailing party upon all issues in the case not inconsistent with the special findings, and nothing will be presumed in favor of the special findings. They shall be given such a construction, if possible, as will bring them into harmony with the general verdict. (Kitchen v. Lasley Co., 186…