Elliott v. Missouri Pacific Railway Co.

*192The opinion of the court was delivered by

McElroy, J.:

This action was brought by the plaintiffs in error to recover damages for loss by fire alleged to have been caused by a locomotive in the operation of the defendant’s railroad. The plaintiffs were tenants in possession of the northeast quarter of section 4, township 6, range 29, in Atchison county, under a written lease for the term of one year from March 1, 1894. The itemized statement of loss set out in plaintiffs’ petition is as follows :

Thirty acres meadow totally destroyed which would have produced two tons per acre, at $7 per…