Rost v. Union Pacific Railroad

Citations

• 95 Kan. 713
• 149 P. 679
• 1915 Kan. LEXIS 280

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Building by Blasting — Negligence Must be Shown. The rule announced in Cherryvale v. Studyvin, 76 Kan. 285, 91 Pac. 60, that in order to recover for damages caused by blasting, negligence must be shown, is followed.</p> <p>2. Same — Evidence Sustains Findings of Negligence and Verdict. While injury to the building was not of itself proof of negligent blasting, still as the evidence was such that negligence might fairly and reasonably be inferred therefrom, the verdict finding or necessarily implying negligence will not be disturbed.</p>