Knight v. Chicago, Rock Island & Pacific Railway Co.

Beck, J., „ negligence: deuce. I. The property destroyed was household furniture, in a house four hundred and twenty-one feet from defendant’s right of way, which was burned. The fire caught in the roof of the house. The evidence shows that an engine drawing a train, shortly before the fire, had passed along the road, and that a pile of lumber, or timber, on the right of way, was set on fire, and that a hard wind was blowing towards the house from the timber and right of way. Plaintiff’s theory was that the fire was blown from the engine or burning timbers to the house. It was necessary, in…