North Dakota Supreme Court January 8, 1908 (Higgs v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.)

Morgan, C. J.

This is an action for damages for the destruction of hay and grass by a prairie fire, alleged to have been caused by the defendant’s negligence. The defendant’s negligence as alleged in the'complaint is based upon: (1) Negligently permitting dry and combustible grass and weeds to accumulate and remain upon, its right of way.