Nelson v. Chicago, B. & Q. Ry. Co.

Plaintiff recovered judgment against defendant for the value of grass, alfalfa, and hay alleged to have been 'burned by defendant’s locomtive engine. This appeal is froim the judgment and order denying new trial.

The evidence tended to show that shortly after appellant’s west-bound train from Hot Springs to Minnekahta went' past respondent’s land on the morning of October 4, 1921, smoke was seen arising from or near the right of way. It was seen by several persons, all of whom were some distance away. When the witnesses came to the burned tract it was discovered that quite a large area had…