Collins v. Morris

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought to recover treble damages for the destruction by defendant of shade trees growing near the line dividing the farms of the parties. The defendant prevailed, as he did on two former trials, and plaintiff appeals.

This is the third appeal in the litigation' and, as the issues and most of the facts have been set out at length in former opinions, it is not necessary that they should be retold. (Collins v. Morris, 97 Kan. 264, 155 Pac. 51; Collins v. Morris, 101 Kan. 135, 165 Pac. 862.) On this appeal, plaintiff assigns…