Phillips v. Railroad

This is an action for damages alleged to have been sustained by fire negligently set by sparks from defendant’s engine falling on its right of way on which it had negligently permitted leaves and other inflammable material to accumulate, which fire had extended thence across the lands of intervening proprietors till it had reached and damaged plaintiff’s premises which were two and a half miles distant in a direct line, and farther following the course and path of the fire. The engineer testified that he thought his engine had on a spark arrester the day of the fire but was not certain and…