Kansas City & Omaha Railroad v. Rogers

Irvine, C.

Rogers sued the railroad company, charging that in September, 1891, it negligently omitted to keep its right of way free from combustible materials, and permitted large quantities of grass and weeds to accumulate upon its right of way near the premises of the plaintiff, and that the servants of the railroad company negligently set fire to the grass, weeds, and combustible materials accumulated on the right of way and negligently permitted, said fire to pass upon the lands of the plaintiff, whereby 204 forest trees, of the value of f300, were burned and destroyed. The answer amounted…