Emerson v. Gardiner
Supreme Court of Kansas
Error from Shawnee District Court. Gardiner brought suit against Emerson for carelessly and negligently ” burning up, destroying, and damaging plaintiff’s property. Answer, a general denial.
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Error from Shawnee District Court. Gardiner brought suit against Emerson for carelessly and negligently ” burning up, destroying, and damaging plaintiff’s property. Answer, a general denial. The action was brought in a justice’s court, and appealed to the district court where it was tried at the June Term, 1868. The testimony showed that Emerson had raked into small heaps certain weeds and rubbish, and had set fire to them; that this was done on the inside of his inclosure, and on his cultivated ground; that a sudden wind coming up the fire spread beyond his control, and run over a large…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, O. J.:
In this case the petition is as follows: “ Said plaintiff Charles C. Gardiner complains of said defendant, and says that on the 31st of October, 1867, said 'defendant did carelessly and negligently, and without the fault of said plaintiff, burn up and destroy and damage the following prop*455erty of said plaintiff: 30 tons of hay, of value $4 per ton, $120; 320 rods post-and-rail fencing, of value $1 per rod, $320; 20 acres growing timber, damage $10 per acre, $200 — total, $640. Wherefore plaintiff prays judgment for the sum of $300 against…
2Cited by3 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Johnston v. MarriageSupreme Court of Kansas · 1906
- Jarrett v. AppleSupreme Court of Kansas · 1884