Kansas City Southern Ry. Co. v. Whisnant

Ed. F. McFaddin, Associate Justice.

This is a case involving damage by fire claimed to have been caused by the train of appellant; and the facts are similar to those in K. C. Ry. Co. v. Beaty et al., 239 Ark. 187, 388 S. W. 2d 79.

The appellees, Whisnant and Parks, own lands north of the main track of the appellant, Kansas City Southern Railway Company, in Sevier County, Arkansas. Some time after noon on October 30, 1963 one of the appellant’s freight trains passed near the appellees’ lands; fire was immediately discovered on the railroad right of way; there was a strong wind from the south and…