In any action instituted in any court to recover damages under the provisions of this article, it shall not be necessary for any person, injured by any such fire to allege in his pleadings, or prove on trial of such action, title to the real property over which such fire has spread, but it shall be sufficient in any such action to allege and prove that the person, so injured was in the occupancy or possession of any such ranch, buildings, improvements, fencing, timber, marsh or other property, claiming the right to and occupying with cattle any such cattle range; it being the purpose and intention of this article to protect the possession as aforesaid of any person whether he have title to the land so claimed or occupied or not. Any railroad company operating any line in this state shall be liable for all damages sustained by fire originating from operating its road.

R.L. 1910, § 114.