Burlington & Missouri River Railroad v. Beebe

The first point raised by the plaintiffs in error in their brief is, that plaintiff’s title to the land, upon which the growing timber was damaged by fire, having been put in issue by the answer, was not sufficiently proved to entitle the plaintiff to recover.

This being an action for the negligence of the servants of the defendants, is of the nature of an action on the case, as actions were classified before the adoption of the code, and as the injury complained of was to the property itself and not to the plaintiff’s possession thereof, the title was a material point in the case, not only to…