St. Louis Southwestern Ry. Co. of Texas v. Johnson

The suit is by appellee to recover damages to property, which was occasioned by fire communicated by one of the appellant’s engines. The defendant, besides denial, pleaded that its engine was equipped with the best and latest improved spark arrester, in good order and repair, and was carefully and skillfully handled. The case was submitted upon special issues. Question No. 4 was:

“Did the employés of defendant railway company in charge of its locomotive or engine No. 523 exercise ordinary care in the handling and operation of its said locomotive and engine that set out the fire in passing…