St. Louis & San Francisco Railroad v. Chace

The opinion of the court was delivered by

Smith, J. :

This was an action against the railroad company where it was charged with permitting fire to escape from one of its locomotives, to the damage of the plaintiff below. There was a verdict, with judgment, against the company, and a reversal is asked on the sole ground that the trial court erred in overruling a motion made by the defendant below for judgment on the special findings returned by the jury.

The findings acquit the defendant below of all negligence except as it may appear in the following:

“10. Ques. Were not the spark-arresting…