Hill v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Porter, J.:

In an action for damages the petition alleged that the defendant, in the operation of its railroad, set out a fire which burned over eighty acres of plaintiffs land, destroyed fences and consumed standing and growing crops thereon. The plaintiff’s land, through which the defendant’s right of way runs, and where the fire occurred, is situated in Woodson county, but the action was brought in Barber county, into which the defendant’s railway passes, and in which county the plaintiff resided at the time of the fire and when the action was…