The opinion of the court was delivered by

Plaintiff in error on the trial in the district court demanded a special verdict, which was refused. This was error. Under the laws of 1870, upon the demand of either party, it was the duty of the court to instruct the jury to return a special verdict. L. L. & G. Rld. Co. v. Rice, 10 Kas., 426. Eor this error the judgment must be reversed, and the case remanded for a new trial.