Ohio & Mississippi Railroad v. Shanefelt

This was an action of trespass on the case, brought by appellee, in the Marion Circuit Court, against the appellants. The declaration avers that appellee was the owner of one thousand rails, and twenty acres of meadow, situated on his farm, of the value of two hundred dollars; that appellants owned, and operated, a railroad running through the farm; that appellants owned the right of way fifty feet in width on each side of their track; that it was the duty of appellants to keep the right of way free and clear from dry grass, weeds, &c., to prevent fire from communicating from their engines,…