8 Kan. App. 225 | Kan. Ct. App. | 1898
The opinion of the court was delivered by
This is an action for personal injury occasioned by a defective sidewalk. There was judgment for the plaintiff, and the defendant contends that the court erred in refusing to require the jury to answer these special questions of fact: 1. If you find for the plaintiff, state what sum you allow him for physical pain. 2. If you find for the plaintiff, state what sum you allow him for mental suffering. 8. If you find for the plaintiff, state what you allow him for actual damages. These are all questions of fact respecting the elements of damage to be considered by the jury in making up the verdict, requested to be submitted by either party. The court correctly told the jury in its charge that if they should find for the plaintiff, he would be entitled to recover for lost time, for physical pain suffered, and for diminished capacity to labor and earn a livelihood resulting directly from the injury, and that the amount of the verdict should be a fair and just compensation for the actual injury suffered. Hence the third finding of fact requested was answered by the general verdict.
Wherein can the defendant have suffered prejudice in the consideration of the case, either by the jury or by the court, by reason of its not having the answer of the jury to the first and second questions of fact? They
The next contention is that no such defect was shown to exist in'the sidewalk as would make the city liable. We cannot agree to this proposition. The walk was defective by reason of being out of repair. It was unsafe as a walk because the boards comprising it were removed and broken, and the walk tilted to one side by surface-water washing away the support, so that the plaintiff’s foot passed through the walk. He was thrown on his back, his foot being fastened by the fall, and 'his back and foot were severely sprained, whereby he was rendered a cripple for the -remainder of his life. The cases cited by counsel in support'of this contention are inapplicable to the facts here.
The third and final contention is that the court; erred in admitting in evidence a conversation between a witness and the city clerk. The court admitted it
The judgment is affirmed.