Supreme Court of Kansas March 7, 1908, No. 15,432 (Turner v. Larabee)

Per Curiam:

The defendants are correct in stating that the-proper solution of the. questions involved depends upon the view which the trial court entertained respecting the' facts. The first, proposition stated in the plaintiff’s brief is one of law, and is. correct. But the question of fact underlying it is, Did the defendants suffer damage?