Abbey v. Schaff

Citations

• 108 Kan. 85
• 194 P. 190
• 1920 Kan. LEXIS 558

Syllabus

<p>SYLLABUS by the court.</p> <p>1. Live Stock — Hogs Killed in Operation of Railroad — Remedy Under Both Stock Law and Fence Law. An owner of land through or by which a railroad is built, may demand of the railroad company that it build hog-tight fences along the line of the railroad where he has complied with certain conditions of the statute, and if they are not built or if built are not maintained, and by reason thereof his hogs escape and are killed in the operation of the railroad, he may, in an action brought to recover the damages sustained, avail himself of the remedies of the stock law (Gen. Stat. 1915, §§ 8557, 8558), and also the fence law (Gen. Stat. 1915, § 8488).</p> <p>2. Same — Negligence — Failure to Build Hog-tight Fence — Damages. The evidence examined, and held to be sufficient to support the findings of the trial court as to the failure of the defendant to complete the inclosure and that plaintiff’s animals were killed in the operation of the railroad.</p> <p>3. Same — ■Action — Loss of Hogs Killed by Railroad — Attorney Fee. Where the owner sues for the loss sustained by the killing of the hogs, before a justice of the peace, and a trial is had upon appeal in the district court, the plaintiff is entitled to recover reasonable attorney’s fees for the prosecution of the suit in both courts.</p> <p>4. Same — Evidence. Error assigned on the admission of testimony is held to be immaterial.</p>