Campbell v. New York Central Railroad

The plaintiffs seek in this action to recover damages suffered through the burning of the plaintiff Campbell’s house which they claim was caused by the negligent discharge of sparks from one of the defendant’s locomotives. The proof to establish both that the fire was set by sparks discharged from one of the defendant’s engines, and that the sparks were negligently discharged was circumstantial as is usual in cases of this character. (Warner v. N. Y., O. & W. R. Co., 209 App. Div. 211; Peck v. N. Y. C. & H. R. R. R. Co., 165 N. Y. 347.)

The record discloses evidence sufficient to make a prima…