Russell v. Boston & Maine Railroad

The essential facts which the plaintiff undertook to prove as a part of his case were (1) that the fire was discovered within a short time after the passage of defendant’s locomotives, (2) that it started upon the side of the barn roof nearest to the tracks, (3) that the wind was blowing from the track toward the buildings, and (4) that the engines which passed might have emitted sparks. It was apparently conceived by the plaintiff that proof of these facts would justify a finding that the fire was caused by a spark from a locomotive. The defendant not only took issue with the plaintiff upon…