Russell v. Chicago, Milwaukee & Saint Paul Railway Co.

In addition to the matters before referred to, it was alleged in general terms that, through negligence on the part of defendant in the operation of a locomotive through the city of Anamosa, sparks and live coals were permitted to escape, which set fire to the property and destroyed it; that the insurance companies are subrogated to Russell’s rights against defendant to the extent of the settlements; that Russell’s loss above the amounts received from the insurance companies was more than $4,000.

Answering, defendant denied generally, and alleged that the engine operated by defendant was.…