4 Kan. App. 173 | Kan. Ct. App. | 1896
The opinion of the court was delivered by
C. C. Thompson brought this action in the district court of Cherokee county to recover damages for alleged assault and battery committed upon .his person by Roseberry Pierson. After the commencement of the action Thompson was adjudged
Several errors áre complained of in this case, but we do not deem it necessary to consider any but the ruling of the court upon the motion for a new trial, as in our opinion there must be another trial of this case, and the other errors complained of will probably not occur again.
It is-a well-settled rule that the verdict of a jury must meet with the approval of the trial court, and that unless- it is so approved by the court a new trial should be granted. (K. C. W. & N. W. Rld. Co. v. Ryan, 49 Kan. 1.) -In this case the record shows, from the action of the trial judge, that he was dissatisfied with and did not approve the verdict rendered by the jury in this case. The particular reason for his dissatisfaction does not appear, but it must have been for some one of the reasons set forth in the motion for a new trial, as that motion contained the only grounds upon
The judgment of the district court is reversed, and the cause remanded for a new trial.