Farmers Elevator & Grain Co. v. Hines

Action for damages. Plaintiff owned a g^ain elevator and warehouse at Sweet Springs, Missouri, on and near the right-of-way of the Missouri Pacific Railway Company. A line of the railroad operated by said company runs through the town of Sweet Springs, coming from the northwest and passing out in a southeasterly direction. To the west of the town is .Davis Creek, and from thence to the southeast there was an up-grade in the track.

On September 30, 1918, the elevator, warehouse, and their contents (owned by plaintiff) were destroyed by fire. Plaintiff charges that such fire was communicated by…