Missouri, Kansas & Texas Railway Co. v. Garrison

The opinion of the court was delivered by

Mason, J. :

J. W. Garrison brought an action against the Missouri, Kansas & Texas Railway Company to recover damages for property destroy ed by fire started by sparks from an engine of defendant, and recovered a judgment, which the railway company now seeks to have reversed. The only assignment of error it will be necessary to examine grows out of the overruling of a motion to make the petition more definite and certain. The only allegation of, negligence in the petition was as follows, the same language being used in each of the two counts:

“The…