Chicago & Alton R. R. v. Davis

Mr. Presiding Justice Creighton

delivered the opinion of the Court.

This was an action on the case by appellee against appellant, in the Circuit Court of Madison County, to recover damages for injury to appellee’s property by fire.

The declaration contains two counts. The first alleges that the appellant permitted large quantities of dry grass and weeds to accumulate on its right of way, and that sparks from its engines ignited this grass and weeds by means of which the fire spread to appellee’s land, etc. The second alleges that the fire escaped from the engine through carelessness and…