Director General of Railroads v. Johnston

(delivering the opinion of the court). This case was tried befo jé a jury in the Superior Court in New Castle county and a verdict rendered in favor of the plaintiffs below, upon which judgment was entered, and the case is in this court on a writ of error.

The counts of the declaration, not abandoned at the trial, charge that the barn and contents of. the plaintiffs below were destroyed by a conflagration caused by sparks or fire emitted from a locomotive or locomotives of the defendant below by reason of either (a) the negligent operation of a locomotive, or (b) the negligent failure to equip…