66-233. Action for damages by fire; attorney fee. In all actions commenced under K.S.A. 66-232 and 66-233 and amendments thereto in which judgment is rendered against any railroad company for damages by fire caused by the operating of such railroad, if it appears from the evidence that such company has refused without just cause or excuse to pay the full amount of such damages, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney fee for services in such action, including proceeding upon appeal, to be recovered and collected as a part of the costs. When a tender is made by such railroad company before the commencement of the action in which judgment is rendered and the amount recovered is not in excess of such tender no such costs shall be allowed.
History: L. 1885, ch. 155, § 2; R.S. 1923, 66-233; L. 1994, ch. 136, § 1; July 1.
Structure Kansas Statutes
Article 2 - Duties And Liabilities Of Railroad Companies
66-228 Same; penalty; time within which to restore crossing.
66-229 Same; duty of officers.
66-230 Cattle guards at crossings; duties as to gates.
66-232 Action for damages by fire.
66-233 Action for damages by fire; attorney fee.
66-234 Liability for negligence.
66-273 Permitting trains, engines or cars to stand on public highway.
66-274 Same; penalty; exemption of railroad employees from certain penalties.
66-295 Liability regardless of negligence.
66-296 Recovery upon failure to pay full value of animal upon demand.
66-297 Persons upon whom demand may be made.
66-299 Railroad enclosed with fence.
66-2,120 Failure of locomotive to sound whistle at crossing; penalties; payment to informer.
66-2,121 Railroad-highway crossing signs; specifications.