Tuttle v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Porter, J.:

This is an action against a railway company for damages by a fire alleged to have been caused by the negligence of the company in the operation of its road. The plaintiffs were the owners of 180 tons of prairie hay stored in a barn which stood about seventy-five to ninety feet from the right of way of the company, near the limits of the city of Eureka. The barn and contents were destroyed by a fire. The petition alleged that the fire was set out in the operation of the railroad and by either a passenger or a freight engine, but that…