Hewitt v. Pere Marquette Railroad

The action is trespass on the case. The case made by the declaration, which was filed April 26,1911, is that defendant, a common carrier railroad *213company, negligently set a fire on, to wit, July 15, 1906, and on, to wit, July 8, 1909, on its right of way, which fires spread to the premises of plaintiff and destroyed his properly. The declaration is inartificial, appears to have been intended to contain two counts, and in its conclusion is grounded upon 2 Comp. Laws, § 6295. Defendant pleaded the general issue, produced no testimony at the trial, preferred a request that the court direct a…