Skinner v. St. Louis, Iron Mountain & Southern Railway Co.

BROWN, C.

R. S. 1899, seo. 1110: Clearing Railroad Right of Way Penalty. The plaintiff was the owner of a rail fence upon a tract of land belonging to another which adjoined the right of way upon which the defendant’s railroad was constructed and operated. On November 9, 1908, a fire, which had found lodgment in the dead and dry vegetation on the right of way, spread through this material to the land on which the fence stood and destroyed it. The defendant had not caused this kind of material to he cleaned off and removed from the right of way during that year up to the time of the fire, and…