Missouri Pacific Railway Co. v. Donaldson

Stayton, Chief Justice.—

Donaldson sued the railroad company to recover damages for injury to his grass, fencing, trees, etc., alleged to have been caused by the negligence of the company in allowing sparks to escape from one of its engines whilst passing near the property, whereby fire was communicated to combustible matter left on and near its track, from which it was communicated to the plaintiff’s property, and in failing to extinguish the fire after it was thus communicated.

On cross-examination of O’Connor, a witness for defendant, the plaintiff asked the following question: “Was there…