Kansas City, Fort Scott & Gulf Railroad v. Kier

In a very forcible and able argument counsel for the railroad company contend that another trial should be awarded, and to that end there should be a rehearing, instead of an affirmance, as directed in the opinion heretofore filed. One or two questions are submitted which were not presented upon the original hearing, and these, therefore, will not be considered. (The State v. Coulter, 40 Kas. 673; 20 Pac. Rep. 525.) All the other questions are sufficiently disposed of in the original opinion, excepting the one concerning the instructions as to gross negligence and exemplary damages. We stated…