Illinois Central Railroad v. Fry

This case was heard in the trial court upon the following stipulation of facts:

“On Saturday, September 5, 1925, at about 1 o’clock P. M., a section crew of the defendant railroad was engaged in burning off the right of way of defendant adjacent to the farm of the plaintiff, A. C. Fry. After burning off this part of the right of way the crew proceeded to some other work a short distance from this place. However, prior to quitting for the day, the section foreman, J. A. Purcell, came back to this part of the right of way and made an inspection to see that all the fire was out.

“At this time…