Barker v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

Sarah F. Barker, the appellee, recovered a judgment against The Missouri Pacific Railway Company, the appellant, for damages for the destruction of a part of an orchard and some meadow by fire, alleged to have been caused by the negligent operation of one of appellant’s locomotives. In her *62petition she alleged, substantially, that on August 2, 1911, a freight train of appellant passed through her farm and the locomotive threw out fife, which ignited dry vegetation and other combustible material on the north side of appellant’s railway…