99 Kan. 261 | Kan. | 1916
The opinion of the court was delivered by
J. F. Hollicke sued the Missouri Pacific Railway Company for its failure to deliver two boxes of goods out of a shipment of nineteen, made from Bison to Sedgwick. He recovered a judgment, from which the defendant appeals.
1. The failure to deliver the two boxes at Sedgwick was admitted, but the company maintains that they were delivered at Wichita, together with a shipment of six other boxes made by the plaintiff to that point from Bison at the same time. That
2. The plaintiff testified that one box contained underwear worth $83.87, and the other sixty-three men’s suits worth $12 each. There was no other evidence as to the value of the contents, but a number of witnesses testified that the plaintiff’s reputation'for veracity was bad. . The verdict and judgment were for $300. The defendant asks a reversal on the ground that there was no evidence whatever to support a finding of this amount. The rule is familiar that the party against whom a judgment is rendered may contest it on the ground that it is not supported by any evidence, although conceding that the evidenced would have warranted a judgment for a larger amount. (Hart v. Gerretson Co., 91 Kan. 569, 138 Pac. 595, and cases there cited; Smith v. Hanson, 93 Kan. 284, 144 Pac. 226.) In support of the verdict it is contended that the jury, while believing that the railway company had failed to deliver the two boxes, may reasonably have concluded that the plaintiff had overstated the quantity of goods they contained (there having been some difference in the testimony as to their size), or that the plaintiff, whose veracity the evidence tended to impeach, had exaggerated their value. A jury, of course, may believe a part of the testimony of a witness and reject the rest. And a finding of value may be upheld although no witness may have testified to the particular amount found. Here, however, all that was stated concerning the goods was the num
The judgment is reversed and the cause remanded for a new trial.