Ryan v. Topeka Bridge Co.
Supreme Court of Kansas
Error from Shawnee District Court. Ryan and another sued The Topeka Bridge Company to recover damages for injuries to a lot of cattle alleged to have been occasioned by reason of the neglect of the defendants to keep their bridge in proper and safe condition and repair. The plaintiffs had judgment, and defendants moved for a new trial, which was granted.
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Error from Shawnee District Court. Ryan and another sued The Topeka Bridge Company to recover damages for injuries to a lot of cattle alleged to have been occasioned by reason of the neglect of the defendants to keep their bridge in proper and safe condition and repair. The plaintiffs had judgment, and defendants moved for a new trial, which was granted. Sev•eral grounds were stated in the motion for setting aside the verdict, in support of only one of which affidavits were offered. The record does not show on which ground the motion was sustained. The plaintiffs bring the case here, alleging…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J..:
This is a proceeding in error brought to review the action of the district court of Shawnee county, sustaining a motion for a new trial. The case made gives a statement of the pleadings, omits the testimony and instructions, and recites the verdict. It then says: “ The defendant then moved the court to grant it a new trial upon various grounds, among others the following: “1st, Irregularity in the proceedings of the jury; 2d, Misconduct of the Jury.”
On the hearing of the motion the court received the affidavit of a juror to show the alleged…
2Cases cited1 opinion
- McCreary v. CockrillSupreme Court of Kansas · 1864
3Cited by8 opinions
- Weber v. KirkendallNebraska Supreme Court · 1895
- James v. ColemanSupreme Court of Oklahoma · 1917
- Atkinson v. DarlingSupreme Court of Kansas · 1920
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Hughes v. VosslerSupreme Court of Kansas · 1922
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