Missouri, Kansas & Texas Railway Co. v. Garrison

Citations

• 66 Kan. 625
• 72 P. 225
• 1903 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Injury by Fire — Pleading of Negligence. In an action against a railway company for damages occasioned by fire, as against a motion to make more definite and certain, an allegation that the defendant, by and through its agents and employees in the use of the engine from which fire escaped and destroyed plaintiff’s property, was careless and negligent in the operation of its railway, is not sufficient to support a finding of negligence in the use of a' defective spark-arrester; and, in view of such finding, the overruling of such motion is material error.</p>