Holt v. Bills

I am unable to agree that the jury’s answers to the special questions are so inconsistent with the general verdict as to compel a judgment to be entered thereon in favor of the defendant.

Defendant’s motion for judgment non obstante veredicto admits there was evidence to sustain the special findings, and the only question here for review is whether those answers are so inconsistent with the general verdict as to compel its overthrow. (Dirks v. Gates, 182 Kan. 581, 591, 322 P. 2d 750.) It must be assumed, in view of the sole question raised, that the trial court properly instructed on the law…