Reed v. Missouri Pacific Railway Co.

"Smith, P. J.

— The undisputed facts of this case were that fire escaped from an engine of defendant and burned a rick of hay belonging to plaintiff, which was *506stacked by tbe latter on Ms farm within one hundred and fifty feet of defendant’s right of way, and not at any station or depot grounds. The judgment was for plaintiff;, and defendant appealed.

The rule is now thoroughly imbedded in the law of this state that the sole fact of fire escaping from a passing engine and burning the property of another raises a prima facie case of negligence against the company which provides and operates the…