Smith v. Bush

The opinion of the court was delivered by

Porter, J.:

This is an action for damages to property alleged to have been destroyed by fire caused through the negligent operation of defendant’s trains. Plaintiff recovered and defendant appeals.

The petition alleges that on the night of the 5th of December, 1915, between the hours of 10 >50 and 11:30, the defendant operated a locomotive engine through the village of Carona in Cherokee county, that the engine was being run backwards and forwards through the station yards, and that defendant neglected to provide the engine with necessary .devices, and…