Nature of the Case
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Facts
Rogers (P) was assigned to burn the weeds adjoining some railroad tracks and was instructed to cease burning whenever a train passed. P was to inspect the train for hot boxes. While P was watching a passing train, P was surrounded by flames fanned by the train. P retreated from the fire and slipped, fell, and was injured. At trial, P testified that burning operations were normally conducted by using flamethrowers from a passing train. Missouri Pacific Railroad Co. (D) presented evidence that the use of flamethrowers had been discontinued. The jury found for P. The verdict was reversed on appeal to the state supreme court; as a matter of law P's conduct was the sole cause of his injury, or at least as probable a cause as any negligence of D (P was contributorily negligent).
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