Thompson v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Mason, J.:

Frank Thompson brought an action against The Missouri, Kansas & Texas Railway Company to recover $1,575 damages by reason of a fire negligently set out by the defendant in the operation of its road. The petition was filed more than two years after the injury complained of, and a demurrer to it was sustained on the ground that the statute of limitations had run. The plaintiff appeals. To avoid the bar of the statute he relies upon the provision of the code allowing an additional year in which to begin a new action, where in one brought in due…