Creighton v. Chicago, Rock Island & Pacific Railway Co.

Oldham, C.

This was an action for damages for the value of certain buildings situated on plaintiff’s farm, which were destroyed by fire alleged to have been set out by the negligent operation of one of defendant’s engines. The cause ivas originally instituted in the county court of Douglas *457county and taken by appeal to the district court. It Avas tried in the district court, by consent of the parties, on the pleadings filed in the county court.

The petition alleges the ownership and destruction of a barn and granary by fire negligently set out by defendant. The answer was a general denial. On-…