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

Citations

• 70 Kan. 359
• 78 P. 828
• 1904 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury by Fire — Evidence. Where there is no question involved as to the emission of igniting sparks by a particular locomotive-engine, or that it would throw such sparks to the place where a particular fire is alleged to have started, it is not error for the court to refuse to permit the plaintiff to show that other engines of the company had emitted igniting sparks shortly before, and immediately after, the fire in question.</p> <p>2. - Combustible Material — Leasing Right of Way. A railroad company is not absolved from the duty of keeping its right of way clear and free from combustible material by leasing a portion thereof to a private person, and it may be made to respond in damages for fire started on the portion so leased by reason of combustible material thereon.</p>