Chicago & Erie Railroad v. Long

The appellee sued the appellant to recover damages done to his lands and crops by fire alleged to have been negligently permitted to escape from the appellant’s right of way and recovered a judgment in the court below. The complaint is in four paragraphs. Dumurrers were overruled to each, and these rulings are assigned as error. The appellant, *402however, only considers the ruling as to the fourth paragraph, thereby waiving the rulings as to the others.

The fourth paragraph avers, in substance, that the defendant negligently permitted a fire to originate on its right of way, and negligently…