Union Pacific Railroad v. Sweet

The opinion of the court- was delivered by

' Johnston, C. J.:

This proceeding involves the question whether the cause of action brought into the case by an amendment to the petition and upon which a recovery was had was barred by the statute of limitations. The cause of action alleged in the original petition was based on an act of the railroad company in setting out a fire on and adjacent to its right of way,. *244in the town of Wakeeney, on March 18, 1902. It was alleged that the fire was negligently set out in the operation of the railroad, and that it spread and ran until it reached the…