Stewart v. Baltimore & O. R.

ENSlish, Judge:

This was a writ of error from a judgment of the Circuit Court of Marion county upon an appeal from the judgment of a justice of said county. The defendant in error, in his complaint before said justice, alleged that on the-day of-, 1885, in the said county of Marion, the plaintiff in error suffered and permitted fire to emit and drop from its locomotive, and wrongfully and negligently suffered and permitted it to spread to and over the land of the said defendant in error, situate in said county, and to burn and destroy about 500 rails and about one mile of rail and board fence…