McVeigh v. Missouri, Kansas & Texas Railway Co.

The defendant asks for a rehearing because the opinion fails to refer to the defendant’s motion for an order for more definite averments in the petition. The motion in substance was to require the plaintiff to state the particular acts of its employees whereby the running of the train caused the fire, and wherein the running of the engine and train was negligent. The following quotation from the opinion in Railway Co. v. Garrison, 66 Kan. 625, 72 Pac. 225, is applicable to the question presented by this motion:

“It was said in St. L. & S. F. Rly. Co. v. Snaveley, 47 Kan. 637, 28 Pac. 615, that…