St. Louis Southwestern Railway Co. v. Goodnight

TEMPLETON, Associate Justice.

—Goodnight sued the railway company to recover damages sustained by him on account of a fire which destroyed his grass and fences and injured his land, it being alleged that the fire was caused by sparks negligently emitted from one of the company’s engines. Trial by jury and judgment for the plaintiff.

The court instructed the jury as follows: “When fire is set out' by sparks from an engine on a railroad, it is presumed that the fire is the result of negligence on the part of the railroad company, unless it is proved that the engine was provided with the best…