Louisville, Evansville & St. Louis Consolidated Railroad v. Spencer

This was an action on the case brought by appellee to recover from appellant damages to his premises, occasioned by the destruction of fruit trees, berry bushes, vines, hedges, etc., standing and growing thereon, by fire, communicated by sparks from defendant’s locomotive engine.

The jury found defendant guilty of the negligence charged, and assessed plaintiff’s damages at $1,800. Defendant’s motion for a new trial was overruled, judgment was entered on the verdict and defendant took this appeal.

The errors relied on to require the reversal of the judgment, are, the admission of improper…