Withers v. Illinois Cent. R. Co.

Opinion op the Court by

Morris, Commissioner

Reversing.

■Appellant and others of her family, who owned a farm in Muhlenberg County, sought to recover of defendant (appellee) the value of a field of lespedeza and one haystack destroyed by fire on January 31, 1944. It was alleged that defendant’s railroad tracks passed through the farm, and that around 2:00 p. m. one of defendant’s trains was going northwardly, and sparks from the engine were thrown on the 16 acre field resulting in the burning of the field of hay and one stack. The destruction was alleged to have been due to negligence of…