Mack v. Augusta Belt Railway Co.

I. In a suit against a railroad company to recover damages occasioned by the burning of the plaintiff’s house, where the petition alleges that the fire was caused by sparks from “ an ” engine of the defendant, and the petition contains no allegation that the fire was caused by sparks from a specifie engine of the defendant, it is permissible to show that it was a common thing for engines of the defendant, in passing near the house of the plaintiff, to emit sparks; thus showing habitual negligence upon the part of the defendant in permitting its engines to emit sparks at the place in question,…