36 Kan. 604 | Kan. | 1887
The opinion of the court was delivered by
The next objection made by the plaintiff in error is to the following instruction:
“ That the measure of damages, if you find that the corn was converted, was the value of the corn as it stood in the field at the place and time of the conversion; and in arriving at such value you may take into consideration the kind and character of the corn, the number of acres, where it was situated, and all the circumstances of the case; and you have also a right, in arriving at the value of the corn, to call to your aid what knowledge you possess in common with mankind generally,
In view of the lack of testimony upon this phase of the question, and of the misleading character of this instruction, we think the court below should have granted a new trial. Its judgment will therefore be reversed, and the cause remanded for that purpose.'