Chicago & Erie Railroad v. Luddington

The first error complained of is the overruling of appellant’s demurrer to the appellee’s complaint. It is contended by appellant’s counsel that the complaint fails to show that the alleged negligence of the appellant was the proximate cause of the appellee’s injury. It is averred, amongst other things, that the appellant, in running its locomotives and cars over its road, carelessly and negligently omitted to use spark arresters or other appliances to prevent the emission of sparks from said locomotives, and carelessly and negligently omitted to keep its right of way clear of dry and…