Hilligoss v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Mason, J.:

M. Hilligoss recovered a judgment against the Missouri, Kansas & Texas Railway Company for a fire loss, and the defendant appeals.

Complaint is made that the plaintiff was permitted to give evidence of the value per ton of. unsevered timothy and clover destroyed by the fire. The defendant argues that while the independent value of a component part of the realty may be shown (Railway Co. v. Lycan, 57 Kan. 635), it must be valued as realty. The market value of a growing or standing crop at the time of its destruction is an element of damage (8…