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THOMAS v. KANSAS CITY SOUTHERN RLY. CO.

No. 44,577

197 Kan. 747 (1966)

421 P.2d 51

W.A. THOMAS, d/b/a W.A. THOMAS SUPPLY COMPANY; PREFERRED FIRE INSURANCE COMPANY; COMMERCIAL STANDARD INSURANCE COMPANY; AETNA CASUALTY & SURETY COMPANY; AETNA INSURANCE COMPANY; AGRICULTURAL INSURANCE COMPANY; AMERICAN EQUITABLE ASSURANCE COMPANY; BANKERS & SHIPPERS INSURANCE COMPANY; GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP.; NATIONAL SURETY CORPORATION; NEWARK INSURANCE COMPANY; ST. PAUL FIRE & MARINE INSURANCE COMPANY; and AMERICAN INDEMNITY COMPANY, Appellees, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1966.

Attorney(s) appearing for the Case

J. Curtis Nettels, of Pittsburg, argued the cause, and R.L. Letton and R.L. White, also of Pittsburg, were with him on the brief for the appellant.

Perry Owsley, of Pittsburg, argued the cause, and L.M. Ascough, John A. Bausch and J.H. Eschmann, all of Topeka, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for fire damages under K.S.A. 66-232, alleged to have been caused by the operation of a railroad, and attorney's fees pursuant to K.S.A. 66-233. Appeal has been duly perfected from a judgment in favor of the plaintiffs on both the question of damages and the allowance of attorney's fees.

The basic question concerns the sufficiency of...

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