MacAw v. Oregon Short Line R. R. Co.

Action to recover damages for negligent operation of defendant’s locomotive from which sparks were alleged to have been thrown setting fire to weeds and rubbish on right of way which burned through to plaintiff’s land, damaging his trees and crop of rye. On trial of the cause to court and jury a verdict was returned in favor of plaintiff. Defendant appeals from the judgment entered on the verdict and order denying motion for new trial.

Approximately 100 feet south of the border line of plaintiff’s property in Filer are defendant’s tracks on its right of way, running east and west. Defendant’s…