Harriman & Northeastern Railroad v. McCartt

This action was brought by the plaintiff, Mc-Cartt, to recover damages for the alleged negligent burning, by the defendant Railroad Company, of a barn and contents, ignited by sparks from one of its engines.

The negligence, averred in the declaration was the improper operation of one of its engines so as to emit large quantities of sparks and the failure to have said engine equipped with the necessary appliances to prevent its emitting sparks that caused the fire.

The case was tried by the judge and a jury. At the conclusion of the proof defendant moved the court for a directed verdict, which…