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eBook details

• Title: Andrews v. Hein
• Author : Supreme Court of Kansas
• Release Date : January 06, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by Plaintiff brought this action in the court of common pleas of
Sedgwick County against the defendants, to recover damages
sustained to his automobile as the result of a collision between
two motor vehicles on a public highway, and failed to recover. He
then perfected an appeal to the district court where, under
issues joined by the pleadings in the court of first resort, the
case proceeded to trial and a demurrer to his evidence, based on
the ground such evidence failed to establish a cause of action,
was sustained. Following this action judgment was rendered
against him for costs of the action. Thereupon, without filing a
motion for a new trial, he perfected the instant appeal, under a
notice reciting that he was appealing from the judgment, order
and decision rendered and made, and particularly from rulings
made during the trial, and the ruling sustaining the demurrer to
his evidence. In a general way it may be said that claims advanced by
appellant as grounds for reversal of the judgment are that the
trial court erred (1) in failing to allow questions in a
deposition to be read in the same manner as if witnesses were
present in open court; (2) by striking evidence relating to
medical bills paid by him; (3) in erroneously excluding evidence
pertaining to damages sustained to his automobile as a result of
the collision in question; (4) in denying his motion to reopen
the case for the purpose of introducing further evidence; (5) in
reading ahead in the deposition in a manner unlike a trial in
open court with the witness present; and (6) in sustaining the
demurrer to his evidence.

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