Rogers v. Kansas City & Omaha Railroad

Plaintiff sued the defendant to recover damages for the destruction by fire of plaintiff’s fence posts and trees. After the testimony was all in, the jury, under the directions of the trial judge, returned a verdict for the defendant, upon which judgment was duly entered, and to reverse which the case was brought here by petition in error.

Plaintiff, by permission of the court, filed an amended petition to conform to the evidence adduced by her, alleging substantially that the defendant negligently, in operating and running the engine over its line of road through plaintiff’s premises,…