Kansas City, Fort Scott & Memphis Railroad v. Perry

Citations

• 65 Kan. 792
• 70 P. 876
• 1902 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury by Fire — Circumstantial Evidence. The fact that soon after the passing of an engine a fire starts near a railway-track in an enclosed field covered at the time with a growth of highly inflammable Vegetation, and travels before a high wind in a direction away from the track, is sufficient to warrant a jury in finding that the fire was caused by the operation of the railroad, without its appearing that the engine emitted sparks or live cinders or was put to special exertion, and without further proof excluding other possible origins.</p> <p>2. -Measure of Damages. In an action for damages for the injury and destruction of fruit-trees in an orchard and a hedge forming a fence, an instruction that the measure of plaintiff’s recovery is the amount and value of the damage to the thing injured, and the value of the thing destroyed as an appurtenance to, and part of, the realty, is proper.</p>