Louisville, New Albany & Chicago Railway Co. v. Roberts

Henley, J. —

Appellee recovered a judgment in the lower court against appellant for $1,280.00. The complaint was in two paragraphs, both substantially the *539same, wherein it was charged, that appellant negligently permitted combustibles to accumulate and remain on its right of way; that the same were ignited by sparks from its locomotive, and that the fire so kindled was, by appellant, negligently permitted to escape from the right of way of appellant and spread over and burn appellee’s property, without fault or negligence on the part of appellee. Both paragraphs of complaint were held good…