Barker v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

West, J.:

The plaintiff sued under the statute for damages to an apple orchard caused by a fire-alleged to have been set out by the defendant in the operation of its road. The plaintiff recovered, and the defendant appeals, assigning as error the ruling of the court in the admission of evidence, in giving and refusing instructions, in refusing to submit certain special questions, and in denying a motion for a new trial.

The testimony showed that very soon after the passing of a certain freight train fire was discovered near the right of way, and the…