Kennedy v. Treleaven

Citations

• 103 Kan. 651
• 175 P. 977
• 7 A.L.R. 274
• 1918 Kan. LEXIS 346

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Building Destroyed by Fire — Measure of Damages. The measure of damages for the negligent destruction of a building by fire, where there is no malice or willful wrongdoing, is' the fair and reasonable value of the building at the time and place of its destruction.</p> <p>2. Same — To arrive at the damages sustained, where the building burned had no market value, resort may bfe had to any facts which fairly tend to show its actual value when it was destroyed, and a permissible method of proof is by showing the cost of replacing the building, less any depreciation from age, use, utility, or condition.</p> <p>3. Same — Cost of Building as an Element of Damages. The cost of property destroyed, less a deduction for deterioration, is a proper element for consideration in fixing its value in some cases, but where the building burned had been erected more than twenty-six years before the fire occurred, when the cost of material and labor which entered into it differed greatly from the present cost of the same, evidence of the original cost is not essential.</p> <p>4. Sameí — Trial—Instructions—No error is found in the instructions of the court, and the evidence is deemed sufficient to support the verdict.</p>