Nelson v. Northern Pacific Railway Co.

Upon the theory that their property was destroyed by fire caused by sparks negligently per mitted to be emitted from a locomotive owned and operated by tbe defendant railway company, A. O. Nelson and George M. Leonard, owner and lessee, respectively, of a barn near the defendant’s line of railway, instituted separate actions to recover of defendant for destruction of that building and the personal property contained therein. By answer, the defendant denied the allegation that it—

“. . . had carelessly and negligently failed to equip the locomotive of said freight train with an efficient spark…