Atchison, Topeka & Santa Fe Railroad v. Matthews

This action was commenced by W. T. Matthews and M. L. Trudell against the Atchison, Topeka & Santa Fe Railroad Company, to i*ecover damages for the destruction of their elevator building in Miltonvale, which they alleged was burned by fire negligently permitted to escape from one of the defendant’s locomotives. The trial in the District Court resulted in a verdict and judgment in favor of the plaintiffs for $2,094 damages and $225 attorneys’ fees. The building was situated on the right of way of the Union Pacific Railway Company, about eighty-eight feet north from the track of the defendant.…