Smith v. Chicago, Rock Island & Pacific Railway Co.

This is an action under the statute, section 9954, Revised Statutes 1919, for damages caused by a fire communicated from one of defendant’s engines to the property of plaintiff. There was a Verdict and judgment in favor of plaintiff in tire sum of $1360 and defendant lias appealed.

The facts show that plaintiff was the owner of some farm lands situated near Gallatin, Missouri, and adjoining defendant’s right of ■way. On January 1.5, 1923, a fire started near the right-of-way fence and burned across an old corn field for a distance of 363 feet where it ignited and destroyed ,a house, barn, some…