Montgomery v. Muskegon Booming Co.

A fire occurred on plaintiffs’ lumber docks, which consumed certain tramways and docks and a large quantity of lumber. This suit is brought to^ recover the value of the property destroyed, upon the theory that the fire was occasioned by a spark from one of defendant’s tugs by reason of defendant’s negligence. Under the testimony the court should have directed a verdict for defendant.

The declaration contained eight counts, alleging negligence as follows:

1. That defendant “failed to supply the tug with a spark-arrester on its smoke-stack, or with any other *638appliance or device sufficient to…