Louisville, New Albany & Chicago Railway Co. v. Palmer

The appellee recovered damages from appellant for burning up his land. Three paragraphs of complaint were each tested by demurrer. The overruling of this demurrer is one of the errors assigned. It is not denied that railroad companies are liable to respond in damages when they set fire to dry grass and other combustibles which they negligently suffer to accumulate upon their right-of-way, and without fault of the landowner, negligently permit to escape to his land, and burn up his land or destroy his other property (Lake Erie, etc., R. R. Co. v. Clark, 7 Ind. App. 155); but it is essential to…