Toledo, St. Louis & Western Railway Co. v. Farris

Hr. Justice Puterbaugh

delivered the opinion of the court.

This is an action by appellees against appellant, to recover damage to a crop of corn then growing on land of appellees, alleged to have been occasioned by fire which escaped from a passing locomotive engine on appellant’s railroad. The plaintiffs recovered judgment in the Circuit Court for $52.50, to reverse which the defendant appeals. Appellees’ land adjoined appellant’s right of way, ten acres thereof being in meadow and thirty acres in growing corn.

The only question involved is one of fact, appellant contending that the evidence is…