Interstate Galloway Cattle Co. v. Kline
Supreme Court of Kansas
Erroi■ from Edwards District Court. Action by Klime against the Cattle Company to recover damages for property destroyed by a fire started by defendant. Judgment for plaintiff. The defendant comes here. The opinion states the facts. 1. The fire set out by the cattle company to burn trash, weeds and grass was in its inclosed field, and was for a lawful purpose.
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Erroi■ from Edwards District Court. Action by Klime against the Cattle Company to recover damages for property destroyed by a fire started by defendant. Judgment for plaintiff. The defendant comes here. The opinion states the facts. 1. The fire set out by the cattle company to burn trash, weeds and grass was in its inclosed field, and was for a lawful purpose. The prairie was set on fire by a violent and unanticipated gale and whirlwind, which carried burning trash and cattle chips across the fire guards. There was no negligence in setting the fire or in attempting its control, and there can…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by Joseph Kline, plaintiff below, to recover of the cattle company damages which he sustained by reason of a fire which he alleges the defendant, through its employés, willfully and intentionally set to prairie grass on the lands of the defendant near the premises on which plaintiff’s property was situated. The petition alleges negligence on the part of the defendant in permitting the fire to escape from its lands. The case was tried with a jury, and a verdict rendered in favor of the plaintiff' for $437.77. Motion was…
2Cases cited3 opinions
- Sweeney v. MerrillSupreme Court of Kansas · 1888
- M. K. & T. Railway v. DavidsonSupreme Court of Kansas · 1875
- Atchison, Topeka & Santa Fé Railroad v. DennisSupreme Court of Kansas · 1888