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

Citations

• 68 Kan. 281
• 75 P. 68
• 1904 Kan. LEXIS 100

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury by Fire— Question for Jury. The statute of this state makes causing of fire by the operation of a railroad prima faeie evidence of negligence on the part of the company. This being shown,, it becomes a question of fact for the jury, not of law for the court, to determine whether such prima faeie case is overcome by the evidence of the company that the engine which set out the fire was equipped with the latest devices, in good repair, and being carefully managed by competent employees.</p> <p>2. -Evidence, •Not Presumption, of Negligence. The fact of the setting out of fire by the operation of a railroad is evidence, not merely’presumption, of negligence, and as such must be met and overcome by evidence to the satisfaction of the jury.</p> <p>3. - Two Measures of Damages'— When Both Methods are Used.- Either of two methods may be adopted in ascertaining the damage caused by the destruction of fruit-trees: (1) Their value as a distinct part of the land, if susceptible of such measurement; (2) the difference in the value of the land before and after their destruction; and where both methods are resorted to in the same case the damage must be ascertained by the jury from all the evidence.</p>