Chicago & Southeastern Railway Co. v. Spencer

Comstock, J. —

The complaint in this action is in two paragraphs. The first is based upon an alleged negligence of appellant in permitting the emission of sparks of fire from its locomotive and into a certain meadow of the appellee, from which negligence a fire is alleged to have resulted by which the meadow and a fence were destroyed. The value *606of the meadow is alleged to he $35, and of the fence $40. Judgment is demanded for $75. The second paragraph is founded upon the statutory liability for the negligent killing of stock by railroad companies, and charges the killing by appellant’s cars…