Tyler Southeastern Railway Co. v. Hitchens

GILL. Associate Justice.

This suit was instituted by appellee, M. Hitchins, against the appellant railway company to recover damages alleged to have resulted to his premises and household goods from a fire set out by sparks negligently permitted to escape from a passing engine belonging to and operated by appellant. The latter answered by general demurrer, general denial, and an affirmative allegation that the engine in question was equipped with the latest improved sparkarrester, in good repair, and that the train and engine was carefully handled to prevent the escape of sparks. A trial by…