Field v. Kinnear
Supreme Court of Kansas
Error from Leavenworth County. This action, brought by defendant in error in the court below against the plaintiff in error, was t'o recover damages for flour delivered on a contract between them.
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Error from Leavenworth County. This action, brought by defendant in error in the court below against the plaintiff in error, was t'o recover damages for flour delivered on a contract between them. Evidence was introduced on both sides of the question at issue and the court charged the jury as to the law in the case; and among others gave the following — the principal charge involved: If the jury believe, from the weight of the evidence, that the flour, when delivered at the point of delivery, was inferior in quality to that contracted for, then, and in that event, the measure of damages would…
1Opinion of the Court
By the Court,
Valentine, J.
The only error assigned in this case, is that the court below erred in granting a new trial. The new trial was granted upon the ground that the court below erred in its instructions to the jury. The instructions to the jury were not erroneous, except, perhaps, in this: that in those portions of the charge which were most favorable to the plaintiff in error, the court, by going into detail and by repetitions, made the charge seem altogether too favorable to the plaintiff in error. And the court also used the word satisfied in its charge, in a way, which, if understood…
2Cases cited5 opinions
- Nagle v. HornbergerIndiana Supreme Court · 1854
- Quinn v. KenyonCalifornia Supreme Court · 1863
- Finley v. DavidSupreme Court of Iowa · 1858
- Bolton v. StewartCalifornia Supreme Court · 1866
- Zweig v. Horicon Iron & Manufacturing Co.Wisconsin Supreme Court · 1861
3Cited by23 opinions
- Miller v. Insurance Co.West Virginia Supreme Court · 1877
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Atyeo v. KelseySupreme Court of Kansas · 1874
- Ireton v. IretonSupreme Court of Kansas · 1901
- Owen v. OwenSupreme Court of Kansas · 1872
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