Atchison, Topeka & Santa Fe Railway Co. v. Geiser

The opinion of the court was delivered by

Cunningham, J. :

The defendant in error recovered judgment for his damages occasioned from the burning of his orchard, the fire having been sét out by one of the railroad company's engines.

*282The question of greatest moment here raised, is whether it is a question of law for the court, or one of fact for the jury, to determine when the prima facie case of negligence made by showing that the fire was caused by the operation of the railroad is overcome by a showing on the part of the railroad that its engine was equipped with the latest and best appliances…