Chicago & Grand Trunk Railway Co. v. Burden

The appellant owned and operated a railroad in the vicinity of the appellee’s land. A fire originated on the right of way Which spread to contiguous lands and from thence to the appellee’s land. Adjoining the plaintiff’s lands were marsh lands, and the peaty soil was burned. This action was brought to recover the damages sustained. The first assignment of error calls in question the sufficiency óf the complaint.

It is alleged that a fire originated on the right of way and that the defendant negligently permitted it to escape to contiguous land and from thence to plaintiff’s lands. The gist of…