Southern Railway Co. v. Smith

To make clear tbe ruling in the first headnote above, the entire evidence offered by the defendant as to the sparlcarrester with which its engine was equipped is presented. The engineer in charge of the locomotive which the plaintiff contended communicated the fire to his orchard, testified on this subject as follows: “I didn’t examine my spark-arrester that day. . . So far as the spark-arrester is concerned, I don’t ever look at it. I couldn’t tell what kind of a spark-arrester was on my engine. *815I assume it had one on it, from the fact that the regulations of the company require it. . . I…