Atchison, Topeka & Santa Fe Railway Co. v. Armstrong

Citations

• 71 Kan. 366
• 80 P. 978
• 1905 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Adjacent Property from Smoke and Cinders. An authorized business properly conducted at an authorized place is not a nuisance, for whatever is -lawful cannot be wrongful; and the owner of a railroad, thus authorized and operated, is not liable in damages to one whose residence is permeated by smoke, cinders and gas emitted from the engines to such an extent as to be injurious to the health and comfort of the inhabitants.</p> <p>2. - Company Held not Liable in Damages. One whose residence is rendered uncomfortable or unhealthy to the occupants by smoke, cinders and gas emitted from the locomotive-engines of the railway company cannot recover damages therefor, in the absence of any special constitutional or statutory authority, where it appears that such company has not abused or exceeded its authority in locating or constructing its line or in the operation of its engines.</p>