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

Citations

• 75 Kan. 344
• 89 P. 658
• 1907 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY- THE COURT.</p> <p>1. Trespass — Treble Damages. Treble damages- are allowed under section 7862 of the General Statutes of 1901 for injury in value to the things therein mentioned by doing the acts thereto which are specified.</p> <p>2. -Statutory Damages Not Recoverable for Loss Resulting from Use of Thing Taken. Treble the depreciation in the value of a farm cannot be recovered when the loss in value results not directly from the taking of gravel and soil therefrom but from the using and flooding of a portion of the land by reason of a dike, built in part on the farm and in . part on adjoining land, with gravel and mold taken from the farm by a trespasser.</p> <p>8. - When Treble Damages May be Awarded. If the thing injured be an appurtenant to the land its value as such may be considered as the basis of recovery, but indirect injuries, caused by a trespass specified in the statute and by other causes not therein specified, cannot be trebled and recovered.</p>