Stockdale v. Midland Valley Railroad

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against it for damages caused by its trains setting fire to hay owned by the plaintiff in Oklahoma.

The plaintiff lived on a farm in Osage county, Oklahoma, and had thereon, two stacks of bailed hay, one of which was burned on February 11, and the other on February 23, 1921.

*636It is argued that there was not sufficient evidence to warrant the submission of the case to the jury; that the defendant’s demurrer to the plaintiff’s evidence should have been sustained; that the court should have directed the jury…