Clark v. Ellithorp

The opinion of the court was delivered by

McElroy, J. ;

This action was brought by J. W. Ellithorp to recover damages for property destroyed and injured by two separate fires which occurred on July 20 and August 10, 1894.

This case was before this court and remanded for a new trial. (Clark v. Ellithorp, 7 Kan. App. 337, 51 Pac. 940.) After the case was remanded, on April 9, 1898, the plaintiff filed an amended petition, which did not change the first count materially, except by asking for damages to certain lands not included in the original petition. The second count of the original petition…