Palmer v. Missouri Pacific Railway Co.

This suit is for the recovery of damages for the destruction of plaintiff’s timothy, orchard grass, etc., alleged to have been occasioned by the negligent and careless manner in which defendant managed a locomotive passing over its road, whereby sparks of fire were permitted to escape therefrom, which set fire to said timothy, etc. Plaintiff obtained a judgment, from which defendant prosecutes this appeal.

The petition contained six counts, four of which are based upon the alleged burning, and two were for killing stock; and, being compelled to make an election on which of said counts he would…