Simmons v. Kansas City, Clinton & Springfield Railway Co.

— Plaintiff claiming to be the owner of certain land on which was situated a barn adjoining defendant’s right of way in Cass County and charging that the barn was set on fire and destroyed by one of defendant’s passing locomotives, brought this action for damages under the provisions of section 3151, Revised Statutes 1909. She recovered judgment in the trial court.

Defendant insists that we should transfer the case to the Supreme Court on the ground that it involves the title to real estate and jurisdiction is in that court under art. 6, sec. 12 of the Constitution. The idea advanced is that…