Louisville & Nashville Railroad v. Vinyard

The appellee’s complaint was in one paragraph. He avers that he was the owner of a barn situated near the line of appellant’s railroad, and that it so negligently operated one of its engines that sparks of fire were thrown from said engine into or upon said barn, setting fire to and destroying it, to his damage. The averment of negligence is: “That said sparks of fire and burning cinders were emitted from said engine on the date aforesaid, either by the defective condition of said engine on the date aforesaid, or by the defective construction of said engine, or by the careless and negligent…