Fox v. Turner

Citations

• 85 Kan. 146
• 116 P. 233
• 1911 Kan. LEXIS 28

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Petition—Amendment—Time. A petition alleging that the defendant unlawfully carried away stone from • land owned by the plaintiff, and asking treble damages therefor, sufficiently states a cause of action under the act (Gen. Stat. 1909, § 9692) allowing treble damages against one who carries away stone in which he has no interest or right, from land which is not his own, so that even after the lapse of the period fixed by the statute of limitations it may be amended to conform strictly to the language of that act.</p> <p>2. Damages — Diligence in Stopping Trespass — Statute. The fact that the plaintiff did not exercise diligence to discover and stop the trespass constitutes no ground of defense, or for the reduction of damages, in an action under that statute.</p>