Bessemer Feed Mills v. Alabama Great Southern R. Co.

The fault of the majority opinion, in my judgment, is due primarily to the assumption that an engine properly constructed, equipped, and operated may emit live sparks which may be carried by the wind and set fire to property off the right of way, in this case some 125 feet from the track.

In view of the well-known and manifest duty to use due care to avoid injury to the property of others, and the destructive properties of fire, I think it a violent presumption in this day of mechanical skill to say that an engine cannot, in the exercise of due care, be so constructed and operated as to…