Yerkes v. Kansas Pipe Line & Gas Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by W. R. Yerkes against the Kansas Pipe Line & Gas Company to recover damages *430sustained from a fire alleged to have been negligently started by the defendant. A demurrer to plaintiff’s evidence was sustained by the court, and from that ruling plaintiff appeals.

The defendant was constructing a pipe line along the south side of plaintiff’s land on which there were trees, shrubs and a nursery. On March 12, 1929, a fire originated on or near the pipe line where there were dead grass and weeds, and when a strong wind…