McKee v. Chicago, Burlington & Quincy Railroad

The plaintiff recovered a judgment against the defendant in the district court for Harlan county for $555.42 damages because of the alleged destruction of 30 acres of alfalfa by fire alleged by the plaintiff to have been set by one of the defendant’s locomotives. It is claimed in the petition that the defendant negligently and- carelessly caused and permitted sparks to be cast off from the engine, and thereby ignited grass and weeds and other combustible material at and along defendant’s right of way, and that the fire spread over the land of the plaintiff.

The evidence shows that one of the…