Chicago, Rock Island & Pacific Railway Co. v. Mosher

The opinion of the court was delivered by

Johnston, C. J.:

The purpose of the main proceeding is to procure a reversal of a final judgment for $1225.12 recovered by J. A. Mosher against the Chicago, Rock Island & Pacific Railway Company for the alleged negligent burning of fruit and forest trees, hedges, grass, fodder, lumber, posts, and a wagon. The railroad runs diagonally through Mosher’s farm, on which there were growing many fruit and forest trees. On November 15, 1905, a fire, which started on the right of way shortly after th.e passing of a train, ran through Mosher’s orchard and fields,…