Murry v. Missouri Pacific Railway Co.

*741The opinion of the court was delivered by

Marshall, J.:

This is an action by an owner of property and an insurance company to recover damages caused by fire started by the defendant. The plaintiffs recovered judgment. The defendant appeals. It is contended that under the allegations of the petition and the findings of the jury the judgment should have been for the defendant.

The negligence alleged is:

“The defendant, in the operation of its said railroad, by its agents and servants in charge of a certain freight train, going east on the line of its said railway, along and near said land,…