Atchison, Topeka & Santa Fe Railroad v. Neet

The opinion of the court was delivered by

Dennison, P. J.:

This action was commenced in the district court" of Crawford county by the defendants in error against the railroad company, to recover damages sustained by reason of the burning of a church building and its contents, and the shade-trees, fences, and other property, belonging to the church association. It is alleged that they were destroyed by a fire set out by the company in the operation of its railroad. The petition alleges, among other things, that the insurance company had issued a policy of insurance upon the church building.and…