City of Parsons v. Lindsay
Supreme Court of Kansas
Error from Labette District Court. ' Action brought by Lindsay against the City of Parsons, to recover damages for personal injuries resulting from a fall caused by a defective street-crossing. Trial at the February Term, 1880, of the district court, and judgment for the plaintiff for $3,000 and costs. The defendant brings the case here.
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Error from Labette District Court. ' Action brought by Lindsay against the City of Parsons, to recover damages for personal injuries resulting from a fall caused by a defective street-crossing. Trial at the February Term, 1880, of the district court, and judgment for the plaintiff for $3,000 and costs. The defendant brings the case here. The facts appear in the opinion. 1. The court below erred in overruling the objection of the defendant, and allowing the answer to the question asked witnesses whether they would consider this crossing safe. (Thompson on Neg. 799; 78 111. 347; 36 Iowa, 31.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by W. H. Lindsay against the city of Parsons, for injuries resulting from a fall caused by an alleged defective street-crossing. The answer was a general denial. A trial was had before the court and a jury, which resulted in a verdict in favor of the plaintiff and against the defendant for $4,000. A motion was made by the defendant for a new trial upon several grounds, and was conditionally sustained upon the ground that excessive damages appeared to have-been given under the influence of passion and prejudice,…
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