Murray v. Oregon-Washington Railroad & Navigation Co.

Millard, J.—

As a fire protection measure (to prevent spreading of fire from the right of way), each spring for several years prior to 1931, the defendant endeavored to kill the weeds and grass on its right of way by spraying the vegetation with oil and burning same. In the spring of 1931 and the spring of 1932, the defendant used a poisonous spray to kill the vegetation. In May, 1932, the defendant sprayed the grass and weeds along the railway track within its station grounds at Cedarville, with a poisonous solution known as sodium arsenite.

This action was instituted to recover damages…