Legal Opinion

Anderson v. Pierce

Supreme Court of Kansas

Decided April 6, 1901No. 11,889PublishedCited by 17 opinions

Error from Saline district court; R. F. Thompson, judge. In banc. STATEMENT. This action was brought by W. F. Anderson, a minor, by his next friend, to recover damages for personal injury, from W. F. and T. A. Pierce and the city of Salina. The injury sustained was occasioned by the falling of a vault door which had been removed from a building in the process of improvement and placed on edge on the sidewalk in the defendant city.

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Error from Saline district court; R. F. Thompson, judge. In banc. STATEMENT. This action was brought by W. F. Anderson, a minor, by his next friend, to recover damages for personal injury, from W. F. and T. A. Pierce and the city of Salina. The injury sustained was occasioned by the falling of a vault door which had been removed from a building in the process of improvement and placed on edge on the sidewalk in the defendant city. The door was removed by W. F. Pierce from a building situate upon a lot in the defendant city, to which defendant T. A. Pierce held a deed absolute in form, and of…

1Opinion of the Court

The opinion of the court was delivered by

Pollock, J.:

The evidence is not contained in the record. The general verdict of the jury found all the facts essential to a recovery in favor of the plaintiff and entitled the plaintiff to judgment, unless the special findings made are inconsistent with the - general verdict and plaintiff’s right of recovery. The sole question presented in this case is, Did the trial court err in granting defendants judgment on the special findings? All of the parties insist that these special findings are consistent with one another, counsel for plaintiff in error…

2Cases cited1 opinion

  1. St. Louis & San Francisco Railway Co. v. RitzSupreme Court of Kansas · 1885

3Cited by17 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. BancordSupreme Court of Kansas · 1903
  2. Missouri, Kansas & Texas Railway Co. v. BusseySupreme Court of Kansas · 1903
  3. Coffeyville Mining & Gas Co. v. CarterSupreme Court of Kansas · 1902
  4. Osburn v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
  5. Packer v. Fairmont Creamery Co.Supreme Court of Kansas · 1944

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