McCaffery v. Northern Pacific Railway Co.

Tbe facts in tbis case are simple and tbe law plain. Action is brought for damage to real property caused by a fire set by an engine ■of defendant company. The origin of the fire and its course, tbe property destroyed thereby and its ownership in plaintiff, are uncontro*545Yerted and beyond question. All tbe error assigned may be included under four general subdivisions as hereinafter considered.

We will first discuss the motion of defendant made in district court to strike out a portion of the complaint wherein the negligence complained of is specifically pleaded, which motion was made “on the…