Champlin v. Baltimore & Ohio Southwestern Railroad

Mr. Presiding Justice Higbee

delivered the opinion of the court.

Appellee owned forty acres of land in Marion county, some twelve and one-half acres of which lay along appellant’s right of way and was set to timothy. After the hay crop was cut off on August 5, 1906, a fire, claimed to have been started by sparks from one of appellant’s locomotive engines, burned over the meadow and appellee brought suit against appellant for damages.

The declaration was in the usual form, and charged the destruction of twelve acres of meadow grass and meadow sod, two and one-half tons of hay in the stack on the…