St. Louis Southwestern Railway Co. v. Knight

KEY, Associate Justice.

This is a grass-burning suit. The verdict and judgment were for the plaintiff, and the railroad company has appealed. The trial court refused to give the following special instruction, requested by appellant: “If the jury find from the evidence that plaintiff’s grass was destroyed by fire, caused by sparks escaping from an engine being used on its line of railway setting fire to grass, weeds, or other combustible matter on its right of way, and if they further find that the defendant had used reasonable care and diligence to prevent the accumulation of and to remove,…