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

Citations

• 63 Kan. 404
• 65 P. 651
• 1901 Kan. LEXIS 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury by Fire — Verdict Sustained,. Where the evidence proved that three engines hauling separate trains passed within a few minutes over a railway through a farm to which a fire from the right of way was found by the jury to have escaped, and where much of the testimony in the case tended to show that the fire was set by the engine drawing the last train, and when the jury, in answer to special questions, fully exonerated the railway company from negligence in the operation of the engines drawing the first two trains, but were not asked to make any findings as to the condition or manner of managing the third engine, and did not do so, and when, in such case, a general verdict was rendered against the railway company, it will be presumed, in order to sustain such verdict, that the jury based the same upon the evidence relating to the last engine, and the action of the trial court in refusing to render judgment on the special findings in favor of the railway company, notwithstanding the general verdict, will be upheld.</p> <p>2. -Injury to Things Attached to the Soil — Rule Followed. The rule laid down in the third paragraph of the syllabus in Railway Co. v. Lycan, 57 Kan. 635, 47 Pac. 526, as to the evidence of injury to particular things attached to the soil, followed and applied, where the property injured was a hedge fence and timothy meadow.</p>