Union Pacific Railroad v. Sweet

Citations

• 78 Kan. 243
• 96 P. 657
• 1908 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation .of Actions — Amendment of Petition. Amendments which only amplify or make more specific the averments of the original petition, or which state the wrong suffered or right relied on, are ordinarily permissible and’ will relate back to the beginning of the action; but where the amendment sets forth a new and.different cause of action the statute of limitations continues to run until the amendment is-filed. ...</p> <p>2. -Injury by Fire.. In an action to recover damages for the negligent setting out of a fire which destroyed the plaintiff’s trees the original petition alleged that the fire was negligently set out at a certain time and place,- and after the period of limitation had-expired the plaintiff obtained leave to amend his petition so as to aver that the damage .resulted from another and different fire,.which was started five miles distant from the one relied on ip the original petition. ’ Held, that the amendment set out a distinct and different tort and ■a new cause of action, upon which a recovery was barred by the statute of limitations.</p>