Gulf, Colorado & Santa Fe Railway Co. v. Meentzen Bros.

FLY, Associate Justice.

— This is a suit instituted by appellees to recover damages resulting from the destruction of fences and trees by fire alleged to have been started by sparks from a locomotive belonging to appellant. The grounds of negligence were that appellant was using an old and defective engine with inadequate appliances to prevent the escape of sparks; was using a freight engine on a passenger train, and that the train was being operated in a dangerous and negligent manner and was being run at excessive speed against a high wind. It was also alleged that grass and weeds and other…