Supreme Court of Minnesota May 4, 1906, Nos. 14,639-(15) (James Quirk Milling Co. v. Minneapolis & St. Louis Railroad)

ELLIOTT, J.

The appellant under a contract with the railway company erected a grain elevator upon its right of way. The building was destroyed by *23fire negligently scattered by the company’s locomotives. The action was brought to recover the resulting damages, and the trial court sustained a demurrer to the complaint. The appeal is from this order.