Florida East Coast Railway Co. v. McElroy

—McElroy brought an action against the railroad company to recover damages for the burning of growing trees and plants upon plaintiff’s land alleged to have been negligently caused by sparks which escaped from the defendant’s railroad locomotive, igniting inflamable matter on the defendant’s right of way and escaping .thence to plaintiff’s property. Trial' was had on the plea of not guilty. There was judgment for the plaintiff and the defendant took writ of error.

The declaration alleges that defendant suffered large quantities of dry grass and weeds to accumulate on its right of way and that…