Philadelphia, Wilmington & Baltimore Railroad v. Constable

The first subject of review in this case, is the judgment overruling the demurrer to the declaration. The ground of demurrer is a misjoinder of counts. The declaration contains two counts, of which the first charges that the defendant by its agents and servants so carelessly and negligently drove and conducted its locomotives and cars, that sparks and fire therefrom were dropped, blown, cast and spread by burning in and upon the plaintiffs’ fences, trees, timber, grass, wood and rails, and thereby set fire to, burned, consumed, injured and destroyed the same. This is unquestionably a count in…