Toledo, Wabash & Western Railway Co. v. Corn

It is objected that the third of appellees’ instructions is not warranted by the averments in the declaration ; that it contains no averment that it was the duty of the company to provide its engines with the best and most approved appliances to prevent the escape of fire, and that its escape was owing to a want of such apparatus. It is averred that it was the duty of the company to keep its right of way free from dry grass and weeds, and to so construct and operate its locomotives as to prevent the escape of fire to the adjoining property, by being communicated from its locomotives to such…