Chicago, St. Louis & Pittsburgh Railway Co. v. Burger

This action was prosecuted in the circuit court to recover damages for the destruction of the appellee’s meadow by fire, on account of the alleged negligence of the appellant.

We have experienced much difficulty in determining the theory upon which the complaint proceeds. With some reluctance we have concluded that the complaint proceeds upon the theory that the appellant was guilty of negligence in permitting rubbish and combustible material to accumulate upon its right of way, by means of which fire was communicated to the appellee’s premises, resulting in the injury of which he complains.

The…