Forest Glen Brick & Tile Co. v. Chicago, Milwaukee & St. Paul Railway Co.

Gary, P. J".

"Very soon after midnight on the morning of April 23, 1887, a house, barns, sheds, etc., of the appellants, situated upon their premises adjoining the railroad of the appellees, were burned, and appellants allege, by fire kindled by the sparks thrown from a locomotive of appellees.

Many trains of the appellees passed the premises of the appellants during the night, but the appellants fix upon locomotive ETo. 554, passing their premises at 12:02, going north, as th e misch ief maker. Whether they are right in that position is a question for a jury. On coal-burning locomotives the…