Lake Erie & Western Railroad v. Clark

The appellee sued appellant to recover damages resulting from a fire started by appellant in grass and weeds negligently permitted to accumulate upon its right of way, which was by appellant negli*156gently permitted to escape to appellee’s land, all occurring without any contributory negligence upon the part of appellee.

It is urged that the complaint is bad for want of averments that the fire was caused by some negligent act or defective machinery of appellant. Such averments are unnecessary.

If appellants set fire to the dry grass and other combustible materials which it had negligently suffered…