Atchison, Topeka & Santa Fé Railroad v. Bayes

The opinion of the court was delivered by

Yalentine, J.:

This was an action brought in the district court of McPherson county by William Bayes, against the Atchison, Topeka & Santa Fé Eailroad Company, to recover damages as follows: In the first count of the plaintiff’s petition he alleged that on or about September 23, 1886, the defendant, in the operation of its railroad, and negligently, caused a fire which destroyed six tons of his hay, worth $24, and 200 rods of his hedge, worth $200. In the second count of his petition he alleged that on October 16, 1886, the defendant, in the operation…