Minor v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

Josephus Minor asked for and obtained a judgment against the Atchison, Topeka & Santa Fe Railway Company for damages for the burning and destruction of a barn and other property alleged to have been set on fire by the defendant in the operation of its railroad.

The barn, which was eight hundred feet distant from the railroad, was filled with dry hay. The fire occurred during a very dry period, and on the day of the burning the wind was blowing at the rate of thirty-one miles an hour and directly *261from the railroad towards the barn. Fire…