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ANDERSON v. UNION PACIFIC R.R. CO.

No. 64,375

14 Kan. App. 2d 342 (1990)

790 P.2d 438

TOM ANDERSON, d/b/a MUSTANG CORRAL, Appellee, v. THE UNION PACIFIC RAILROAD COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed April 13, 1990.

Attorney(s) appearing for the Case

Michael B. Buser and Roy P. Farwell, of North Kansas City, Missouri, for the appellant.

Jeffrey M. Murrill, of Dennis E. Mitchell Law Offices, of Kansas City, for the appellee.

Before ABBOTT, C.J., TERRY L. BULLOCK, District Judge, assigned, and NELSON E. TOBUREN, District Judge, assigned.

Petition for review denied 246 Kan. 766 (1990).

BULLOCK, J.:

In this action, The Union Pacific Railroad Company (Union Pacific) appeals a summary judgment damage award of $10,912 in favor of Tom Anderson for property damage and attorney fees arising out of a March 27, 1988, fire.

In the court below, the parties stipulated to the following facts. On March 27, 1988, a railroad engine and train owned by Union Pacific negligently caused a fire which incinerated...

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