Atchison, Topeka & Santa Fe Railway Co. v. Hale

The opinion of the court was delivered by

Greene, J.:

This was an action brought by defendant in error against plaintiff in error in the district court of Greenwood county to recover damages alleged to have been sustained by reason of fire escaping from a locomotive-engine of defendant while operating its line of railroad in the vicinity of his premises. The specific acts of negligence charged are that the company negligently failed to provide its engine with the latest and best improved spark-arrester, and with a proper fire-box and smoke-stack; and so negligently and unskilfully operated its…