Clark v. Ellithorpe

The opinion of the court was delivered by

McElroy, J. :

This action was brought by J. WEllithorpe to recover damages for property destroyed and injured by two separate fires, occurring on July 29 and August 10, 1894. ■ The petition contained two counts. The first count was for the fire on July 20, and alleged that it was caused by the careless and negligent management of the train, and a failure to-employ suitable means to prevent the escape of fire from the engine, and by permitting dead, dried grass to accumulate and remain upon the right of way close *339to the track. In this count the plaintiff…