Thomas v. Kansas City Southern Railway Co.

The opinion of the court was delivered by

Schroedeh, J.:

This is an action for fire damages under K. S. A. 66-232, alleged to have been caused by the operation of a railroad, and attorney’s fees pursuant to K. S. A. 66-233. Appeal has been duly perfected from a judgment in favor of the plaintiffs on both the question of damages and the allowance of attorney’s fees.

The basic question concerns the sufficiency of the plaintiffs’ evidence, to support the verdict of the jury. A subsidiary procedural question is presented concerning the allowance of attorney’s fees.

K. S. A. 66-232provides:

“That in…