Tacha v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Dawson, J.:

The plaintiff recovered judgment against the Rock Island Railway Company for $104.20 as damages to hi& pasture, fencing, cow shed and barn caused by a fire alleged to have been set out by defendant’s engine. It was shown that the only railway engine which by any possibility could have *572caused the fire within the- time of its occurrence, between 12:30 and 2 p. m., was the one which passed about 1 p. m.

The jury made the following findings of fact:

“1. Did the said fire start at a point off the defendant’s right-of-way? Answer. Yes.

“2. What time…