St. Louis & San Francisco Railway Co. v. Ludlum

The opinion of the court was delivered by

Greene, J. :

The original petition in this action, among other things, contained the following allegations :

“That about the 8d day of April, 1891, fire was communicated from one of the defendant’s engines to the grass growing along, upon and near to the track of the said railway company, and that the same ran over, upon and through the premises of the said plaintiff adjoining the land on which the said fire was put out by the said company’s engine.”

“That the said fire escaped from the said engine and was communicated to the said grass on account of the…