McVeigh v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

BENSON, J.:

The single question presented in this •case is whether under the petition a finding that the fire in question was caused by a defective engine was within the issues.

The action is founded upon the alleged negligence of the appellant causing damage to crops of the appellee by fire.

The petition is based upon section 7079 of the General Statutes of 1909, and contains the following allegation :

“That said defendant by its agents and employees while operating its said line of railroad by running over said line of railroad an engine and train of…