Otey v. Midland Valley Railroad

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages caused by sparks from a railway engine which set fire to a barn which consumed the plaintiff’s hay stored therein, and where flying embers from the burning barn set fire to the grass and stubble on certain meadow and pasture land held by plaintiff as lessee.

The plaintiff’s lessor owns a farm in Oklahoma bordering on the Kansas-Oklahoma state line. The defendant owns a line of railway running from Kansas to Oklahoma at right angles to the state line. The farm buildings of plaintiff’s lessor are located near the…