Hollinger v. Missouri, Kansas & Texas Railway Co.

Citations

• 94 Kan. 316
• 146 P. 1034
• 1915 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Fires—Missouri Statutes — Damages Compensatory — Statute Enforceable in Kansas. The statute of the state of Missouri making- railroad corporations responsible in damages for loss by fire communicated by their engines is compensatory and remedial and may be enforced in an action for such damages prosecuted in this state.</p> <p>2. Same — Fire from Engine — Evidence—Same _ Engine Throwing Fire at Other Times. The property burned was a choco- • late factory and its contents. There was evidence that the fire originated soon after a mixed train passed the factory going-east early in the morning and that the engine was working steam when it passed. Evidence that the same engine when going west the evening before threw fire when working steam was admissible.</p> <p>3. Same — Loss of Building — Competent Evidence to Prove Value. The plaintiff purchased materials, machinery, and other ar-tides and constructed and equipped the factory, paying the cost, freight, labor, and expense of installation. Schedules of the items were attached to the petition. The plaintiff testified to the value of the plant, taking into consideration, with other things, the items and aggregates of the schedules. Held, he was a competent witness and his testimony was properly received.</p> <p>4. Same — Cost an Element of Value of Btiilding. The case is the common one in which the property destroyed was not bought and sold on the market, had no market value, and consequently could not be valued by that standard. In such cases the rea-1 value is to be ascertained from such data as may be available. Cost is an element of such value, and a person having knowledge of the elements involved may testify to them and give his estimate of value.</p> <p>5. Same — Value of Household Goods — Competent Evidence. The same principles apply to the proof offered of the value of certain household goods, clothing, pictures, and other personal articles which were in the factor