(Download) "Billups v. American Surety Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Billups v. American Surety Co.
- Author : Supreme Court of Kansas
- Release Date : January 06, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This action was one for damages arising from a collision of three trucks. This is the second appearance of the case in this court. A previous appeal, involving rulings on motions directed against the petition and its sufficiency to state a cause of action, was determined in Billups v. American Surety Co., 170 Kan. 666, 228 P.2d 731, it being held the petition stated a cause of action. Thereafter the defendants answered, a trial was had and the jury answered special questions submitted and rendered a general verdict in favor of the plaintiffs for the sum of $3,178.11, made up of repairs in the amount of $2,328.11, loss of the use of the truck in the amount of $500, and wrecker expense in the amount of $350. In due time the plaintiffs filed their motion for a new trial limited to the amount of damages for loss of use and profits, and the defendants filed their motion to set aside a part of an answer to a special question fixing cost of repairs on the ground it was unsupported by and contrary to the evidence, for an order modifying the general verdict by reduction, and that judgment be rendered for plaintiffs for the amount remaining. Upon the hearing of these motions the trial court concluded both should be denied and that, after considering the verdict and the answers to special questions, the verdict should be approved, and accordingly it rendered judgment in favor of the plaintiffs for $3,178.11.
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