Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Owens

Court of Appeals of Kansas

Decided November 10, 1897No. 186PublishedCited by 6 opinions

Error from Montgomery District Court. Hon. J. D. McCue, Judge.

1Opinion of the CourtSchoonover, J.

In this action, the defendant in error recovered damages in the court below for injuries occasioned by the plaintiff in error’s negligently *516permitting fire to escape and destroy eighteen acres Of clover and fifty-nine rods of hedge fence.

„ , .uiramges. It is contended by plaintiff in error that the evidence did not tend to prove the proper measure of damages. This court has held the correct rule for the measurement of damages to land alone, caused by fire communicated to it by the operation of a railroad, to be the difference in the fair market value of the land just before and just after the…

2Cases cited4 opinions

  1. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  2. Southern Kansas Railway Co. v. GriffithSupreme Court of Kansas · 1894
  3. Missouri Pacific Railway Co. v. HaynesCourt of Appeals of Kansas · 1895
  4. Atchison, Topeka & Santa Fe Railroad v. HuittCourt of Appeals of Kansas · 1895

3Cited by6 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. MosherSupreme Court of Kansas · 1907
  2. Thompson v. Albuquerque Traction Co.New Mexico Supreme Court · 1910
  3. Atchison, Topeka & Santa Fe Railway Co. v. ArthursSupreme Court of Kansas · 1901
  4. St. John v. BerrySupreme Court of Kansas · 1901
  5. Atchison, Topeka & Santa Fe Railroad v. HutchisonCourt of Appeals of Kansas · 1899

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