Atchison, Topeka & Santa Fe Railroad v. Hutchison

The opinion of the court was delivered by

Schoonover, J.:

This action was commenced by defendant in error against the plaintiff in error to recover for damages to an orchard caused by fire escaping from a locomotive of the railroad company. The case was tried before a justice of the peace and judgment rendered by default against the railroad company for $300. The case was afterward appealed to the district court of Lyon county, where the case was tried before the court and a jury, upon the bill of particulars filed before the justice of the peace. The plaintiff below obtained a verdict and…