Daly v. Chicago, Milwaukee & St. Paul Railway Co.

Vanderburgh, J.1

A locomotive with train of cars, passing over defendant’s road near plaintiff’s premises, set fire, as plaintiff alleges, to dry grass or combustible material near the track, which spread to plaintiff’s land, and destroyed certain, trees, for the value of which this action is brought. The negligence alleged is faulty and defective construction of the engine, and the. failure to provide it with modern *320appliances necessary to prevent sparks and fire escaping, and also negligent management. Upon the trial the testimony of the witness called by”the plaintiff to prove that the…