HENDERSON v. KANSAS POWER & LIGHT CO.

No. 42,274

188 Kan. 283 (1961)

362 P.2d 60

WALTER HENDERSON, Appellant, v. KANSAS POWER & LIGHT COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1961.


Attorney(s) appearing for the Case

Wendell L. Garlinghouse, of Topeka, argued the cause, and Warren W. Shaw, William Hergenreter, Carl Quarnstrom and Elwaine F. Pomeroy, all of Topeka, were with him on the briefs for the appellant.

William B. McElhenny, of Topeka, argued the cause, and M.F. Cosgrove, Robert E. Russell, Willard N. Van Slyck, Jr., O.R. Stites, Jr., and James L. Grimes, Jr., all of Topeka, were with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

The only question in this case is whether the verdict of the jury is so grossly inadequate as to compel the granting of a new trial — and, if so, should the new trial be limited to the question of damages only — or be granted generally as to all issues.

For reasons hereafter stated, the court is of the opinion that fundamental justice requires the granting of a new trial — and...

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