Denver, Texas & Gulf R. R. v. De Graff

This was an action at law brought by appellee to recover damage for the burning and consequent loss of near 2000 acres of native grass or pasturage, within an enclosure or fences, in October, 1886, the fire being alleged to have originated from fire escaping from the engine of appellant at a point from one to three miles distant from the grass consumed. The extent of the territory burned over was conceded, and there is no .conflict of testimony in regard to the value, the defendant below introducing no testimony upon the point. *44The jury found for the plaintiff (appellee) in the sum of…