26 Kan. 94 | Kan. | 1881
The opinion of the court was delivered by
This was an action on a note given in part payment for a Randolph header machine sold by plaintiffs in error to defendant in error, and was tried in the district court on appeal from a justice of the peace. The action was tried before a jury, which returned a verdict for the defendant.
The claim of the defendant was, that the machine was not reasonably fit for the work for which it was purchased, and in support of this he offered considerable testimony. Plaintiffs, on the other hand, contended that it would do the work for which it was purchased, and that the trouble arose from, mismanagement on the part of the defendant, and offered testimony in support thereof. Without noticing the testimony in detail, we may say in general terms that it leaves .a
One other matter is referred to, which we think deserves •notice. The court in its instructions said to the jury, “You ■can, in determining the issues, or any of them, use such general knowledge as you possess in common with all those ■engaged in the kind of business involved.” While this of itself may not be sufficient to justify disturbing the verdict, yet we think a jury might be misled by its language, and that the language itself is a little contradictory in its terms. A jury has a right to avail itself of such general knowledge as all men possess, but not to resort to any
Por the error heretofore indicated, the judgment must be-reversed, and the case remanded for a new trial.