Payne v. McKinnon

This was an action for damages, resulting from a ñre which was alleged to have been set out upon the plaintiff’s premises by an engine of the defendant operating the Louisville & ¡Nashville railroad through Jackson county. The first count alleged that the engines were “insufficiently equipped with appliances and not kept in proper repair,” so that fire was set out by cinders *585and sparks from the engine cansing the injury to the plaintiff’s grounds. The second' count alleged the same facts, and alleged the fire to have been set out at short intervals during the time the defendant operated the…