Matson v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

GRAVES, J.:

This action was commenced in the district court of Sedgwick county, in August, 1905, by Henrietta Matson, to recover damages caused by a fire claimed to have been negligently set out by an engine owned arid operated by the defendant railway company.

The plaintiff owned grass-land which was used for the purposes of pasture and the production of hay. The railway company operated its railroad over the *273plaintiff’s land. On the 15th of March, 1904, a fire was set out by the engine of a freight-train, and burned over about sixty acres of the…