Illinois Central Railroad v. Almon

Mr. Presiding Justice Worthington

delivered the opinion of the court.

It is urged that there is no proof that the fire was set by appellant’s engine. It is true that no witness testifies to seeing sparks from it, but it is in evidence that very soon after the passage of the north-bound freight train, on an up grade, fire was seen in appellant’s right of way and on the Annecker land adjoining it, from whence it spread to the land of appellee. The wind was from the south and the fire extended from the right of way in the direction the wind was blowing. It is also in evidence that everything was…