Walker v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 76 Kan. 32
• 90 P. 772
• 1907 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads —■ Injury by Fire — Contributory Negligenóe. Farmers through whose lands a railroad is operated may cultivate and use such lands in accordance with the methods customary among farmers, and are not required to take unusual precautions against loss from fire negligently set out by a railroad company.</p> <p>2. - Care Required of Owner of Land Adjacent to Right of Way. While an adjacent owner would not be warranted in needlessly placing combustible property close to a railroad in a place of known danger contrary to common usage, a farmer who permits dry grass or corn-stalks to remain in a field where they were grown, as farmers usually do, is not deemed to be negligent and should not be deprived of redress for loss of property burned through the negligence of the railroad company.</p>