Collins v. Morris

Citations

• 104 Kan. 77
• 178 P. 980
• 1919 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespass — Destruction of Trees — Disputed Boundary Line — Private Survey — Competent Evidence. In an action of trespass to recover for the destruction of trees growing near a disputed boundary line, evidence of a private survey made at the instance of the defendant, without notice to the plaintiff, may be received for the purpose of showing whether or not a trespass had been committed by the defendant.</p> <p>2. Same — Damages Not Within the Issues — Instruction. One who sues for damages for injury to trees standing wholly on his own land has no right to complain of an instruction that he cannot recover for injuries to trees standing on the division line and partly on the land of each of the contending parties.</p> <p>8. Same — Consistent Verdict and Findings. The verdict is held to he not inconsistent with the special findings of the jury and is not without support- in the evidence.</p>