Gray v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Smith, J.:

This action was brought against the appellant to recover damages for the burning of a barn belonging to appellee and certain personal property alleged to have been contained therein by the alleged negligence of the appellant in operating its train.'

The answer was a general denial and a defense upon the modernity and sufficiency of its approved spark-arresting appliances, the competency and skill of its employees in charge of its engine, and the care exercised by them in handling the engine at the time in question.

The barn was in Geneseo,…