Martin v. Grand Trunk Railway of Canada

This is an action to recover damages for an injury to the plaintiff’s wood and timber resulting from fire communicated by a locomotive engine in the use of the defendant railway company.

The declaration in the plaintiff’s writ contains no averment of negligence on the part of the defendant company, but is based solely on section 64, chapter 51, of the Revised Statutes, which reads as follows : " When a building or other property is injured by fire communicated by a locomotive engine, the corporation using it is responsible for such injury, and it has an insurable interest in the property along…