Minor v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 97 Kan. 260
• 155 P. 35
• 1916 Kan. LEXIS 278

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Fire—Sparks from Locomotive — Evidence. In an action to recover damages from a railway company for negligently causing the burning of a barn in the operation'of its railroad, the testimony tended to show that it was not an impossibility for igniting sparks and cinders to be carried by a high wind a distance of 800 feet from a locomotive and there set fire to dry and inflammable material, and it is held that the evidence submitted herein was sufficient to support the verdict of the jury that the property was set on fire and .destroyed through the negligence of the defendant.</p> <p>2. Same — Trial—No Error in Admission of Evidence. The admission of testimony which is not competent for one purpose but is admissible on another phase of the case is not ground for reversal where the court expressly limits the application of the testimony to the issue upon which it is competent.</p> <p>3. Same — Findings Supported by Evidence. Special findings of the jury which are challenged are held to be supported by the evidence in the case.</p>