Ireton v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

BURCH, J.:

The defendant employed a large number of Mexican laborers to perform work on its track and road bed. These laborers, with their families, were allowed to live on the defendant’s right of way. Some of them maintained open fires. From one of these fires fire was communicated to a near-by building owned by Ireton and occupied by Schwantes for a store. The building and its contents were destroyed, and separate suits for damages were brought by the respective owners. Ireton was defeated, and appeals. Schwantes recovered, and the railway company…