Sibilrud v. Minneapolis & St. Louis Railway Co.

Appeal from an order refusing a new trial. The action is for negligence in respect to the construction and operating of one of defendant’s locomotives,' by reason of which fire is alleged to have been communicated to the grass allowed to remain upon defendant’s right of -way, and thence to plaintiff’s premises adjacent thereto, destroying his property. "There .was evidence going to show that the fire occurred at a time when vegetation was very dry; that tall dry grass had been suffered to remain upon the right of way within a few feet of the track, and. adjacent to plaintiff’s premises; that…