Atchison, Topeka & Santa Fe Railroad v. Hamilton

The defendant in error, who was plaintiff in the court below, brought this action in the District Court of Anderson County to recover damages for the destruction of certain hay, fall growth of pasture, clover sod, oat and flax straw, millet, apple trees, cherry trees, and posts, by fire alleged to have escaped from one of the engines of the Railroad Company, together with fifty dollars attorneys’ fees. The property destroyed was in Anderson County, partly on land owned and partly on land leased, by the defendant in error, and located about two and one-half miles from the railroad.

• The…