Loftus v. Taylor Corn Mill Co.

Citations

• 91 Kan. 856
• 139 P. 480
• 1914 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Forcible Entry and Detainer — Appeal Bond — Covers Losses by Fire. The clause of the statutory appeal bond in forcible entry and detainer that the appellant -will not commit or suffer waste to be committed on the premises in controversy covers losses by fire occasioned by his negligence.</p> <p>2. Same — Loss by Fire — Evidence Presented Fact for the Jury. Evidence that the person in control of a mill building, while it remained vacant for several months, permitted its doors and windows to remain open, and provided no watchman, that tramps were frequently seen in it at night, and that it was destroyed by a fire which broke out early in the morning, no train — according to the schedule — having passed on the neighboring railroad track since the evening before, is sufficient to carry to the jury the question whether his negligence was the proximate cause of the fire.</p>