Suts v. Chicago & Northwestern Railway Co.

The complaint in this case was based upon an allegation of negligence with respect to the management of the train and the equipment of the engine with spark arresters. It was, however, submitted to the jury by the trial court on the theory that if the fire was set by the defendant company’s engine the company was liable irrespective of whether or not it was guilty of negligence under the provisions of sec. 192.44, Stats. This section provides that railroad corporations shall be liable for fires set by their locomotives and that it shall only be necessary for the plaintiff to prove the setting…