Union Pacific Railway Co. v. Motzner

The opinion of the court was delivered by

McElroy, J.:

This action was originally brought on the 4th of October, 1890, by John Motzner against *432the Union Pacific Railway Company in the district court of Russell county, to recover damages for property destroyed by fire on the 28th of July, 1890. The plaintiff claimed that the fire was started from an engine belonging to the railway company, through the negligent management of the train and lack of suitable means to prevent the escape of fire, and by negligence in allowing combustible material to accumulate on the right of way, so that, by reason…