Chicago & Alton Railroad v. Bloomfield

This suit was brought by appellee against appellant to recover the value of a stack of hay alleged to have been burned by sparks of fire escaping from one of appellant’s engines passing on its road.

The stack was four hundred and fifty feet from the road, but appellee attempted to prove that the fire originated on the right-of-way and extended to the stack.

Appellant attempted to show that the fire commenced at the stack and extended to its right-of-way, and that it was not caused by sparks from its engine. On this question there was a conflict in the evidence.

The court, at the instance of…