Ade v. City of Wichita

The opinion of the court was delivered by

Thiele, J.:

This is an .appeal in an action to recover damages. After a jury had returned a verdict in favor of the defendant, the trial court allowed plaintiff’s motion for a new trial, and the defendant appeals, the errors specified being the overruling of its demurrer to the plaintiff’s evidence, and the granting of a new trial.

In its brief, the appellant has elected to rely solely on the question of the demurrer. We will notice the matter of the new trial to this extent, however. In ruling on the motion the trial court said:

“In matters of this kind,…