Fent v. Toledo, Peoria & Warsaw Railway Co.

On the 1st of October, 1867, a locomotive, with a train of freight cars, belonging to the appellee, in passing eastwardly through the village of Fairburv, threw out great quantities of unusually large cinders, and set on fire two buildings and a lumber yard. The weather at the time was very dry, and the wind blowing freely from the south. One of the buildings ignited by the sparks was a Avarehouse near the track. The heat and flames from this structure speedily set on fire the building of plaintiffs, situated about íavo hundred feet from the Avarehouse, and destroyed it and most of its…