Chicago, St. Louis & Pittsburgh Railroad v. Barnes

The complaint of the appellee is in two paragraphs, to recover damages occasioned by fire set out by the appellant on its right of way, and alleged to have escaped upon the land of the appellee, without his fault, and through the negligence of the appellant.

Omitting introductory matter and the description of the real estate, the complaint, in substance, is as follows :

First Paragraph. During the month of July, 1887, the defendant negligently permitted large quantities of hay, dry grass, weeds, and other combustible material to accumulate and remain upon its right of way through and adjoining…