Collins v. Morris

The opinion of the court was delivered by

Porter, J.:

This action is to recover treble damages for the alleged destruction by defendant of six shade trees which plaintiff claims were growing on his land near the division fence between his farm and that of the defendant. The jury found generally for the defendant. A motion for a new trial was overruled, and the court rendered judgment against plaintiff for costs, from which he appeals.

At a former trial there was a judgment for the defendant which on appeal was reversed. (Collins v. Morris, 97 Kan. 264, 155 Pac. 51.) The facts are set forth quite…