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

Citations

• 74 Kan. 574
• 87 P. 733
• 1906 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury by Fire — Duty of Company Respecting its Right of Way. In an action against a railway company for damages by fire, alleged to have been caused by a defective engine and the negligence 'of the company in maintaining upon and adjacent to its right of way dry and combustible wooden sheds and wooden buildings with wooden roofs, which took fire from the engine, communicating it to and destroying plaintiff’s property, an instruction is erroneous which charges that it is the duty of defendant to keep its grounds and right of way free and clear from combustible materials and structures.</p>