Martin v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 81 Kan. 344
• 105 P. 451
• 1910 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nuisance-! — Knowledge of Wrongdoer — Injury to Stock — Notice and Request to Abate Unnecessary to Create Liability. Where a railroad company operates a railroad under a lease which requires it to maintain the roadbed, track, fences and right of way in good repair, and prior to the execution of the lease there had been an excavation made upon the right of way and a barbed wire fence constructed in such a mariner as to make the place dangerous to stock pasturing upon the adjoining land, such danger amounting to a nuisance, of which the lessee had actual knowledge, and stock grazing upon the adjoining íand are injured on account of such nuisance, no notice and request to abate the nuisance is necessary to make the railroad company liable for the injuries received by the stock.</p> <p>2. Evidence — Deposition Taken but Not Filed — Application for Order to Produce at Trial. Where a party takes a deposition upon notice as provided by the statute, but does not file it in court, it is not error for the court to refuse to order the deposition to be brought into court, where the application for such order is made for the first time during the progress of the trial.</p>