66-233. Action for damages by fire; attorney fee. - Kansas Statutes

66-233

Chapter 66.--PUBLIC UTILITIES Article 2.--DUTIES AND LIABILITIES OF RAILROAD COMPANIES

      66-233.   Action for damages by fire; attorney fee.In all actions commenced underK.S.A. 66-232 and 66-233 and amendments thereto in which judgment is renderedagainstany railroad company for damages by fire caused by the operating of suchrailroad, if it appears from the evidence that such company has refused withoutjust cause or excuse to pay the full amount of such damages, the court inrendering such judgment shall allow the plaintiff a reasonable sum as anattorney fee for services in such action, including proceeding upon appeal, tobe recovered and collected as a part of the costs. When a tender is made bysuch railroad company before the commencement of the action in which judgmentis rendered and the amount recovered is not in excess of such tender no suchcosts shall be allowed.

      History:   L. 1885, ch. 155, § 2; R.S. 1923, 66-233;L. 1994, ch. 136, § 1; July 1.