The Atchison v. Ireton
| Decision Date | 07 December 1901 |
| Docket Number | 12,258 |
| Citation | 66 P. 987,63 Kan. 888 |
| Court | Kansas Supreme Court |
| Parties | THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY v. BRIDGET IRETON |
Decided July, 1901.
Error from district court, Cowley county; W. T. McBride, Judge.
Action by Bridget Ireton against the Atchison, Topeka & Santa Fé Railway Company. Judgment for plaintiff. Defendant brings error. Affirmed.
Argued before DOSTER, C. J., and JOHNSTON, SMITH, and ELLIS, JJ.
Whether there was negligence on the part of the landowner in permitting high grass and weeds to grow on the land adjacent to the right of way is a question for the jury in an action for damages by fire.
A. A. Hurd, and O. J. Wood, for plaintiff in error.
Hackney & Lafferty, for defendant in error.
There was testimony showing that the fire was started immediately after the passing of one of the plaintiff in error's trains at the railroad. Whether there was negligence upon the part of the land owner in permitting high grass and weeds to grow upon her land adjacent to the right of way was a question of fact for the jury. Railway Co. v. Richardson, 47 Kan. 517, 28 P. 183; Railway Co. v. Tubbs, 47 Kan. 630, 28 P. 612; Kellogg v. Railway Co., 26 Wis. 223, 7 Am. Rep. 69; Railroad Co. v. Hendrickson, 80 Pa. 182, 21 Am. Rep. 97. See, also, Buck v. Railway. Co., 59 Kan. 328, 52 P. 866.
The judgment of the court below will be affirmed.
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