Babcock v. Chicago & Northwestern R'y Co.

Day, Ch. J.

The defendant complains of tbe action of :tbe court in refusing to instruct that, as a matter of law, the defendant liad overcome tbe presumption, raised by tbe .statute, of negligence, in cases where fire is.set by locomotives, and in. submitting to tbe jury tbe questions whether tbe defendant’s engine was equipped with the best known appliances for arresting sparks and cinders; whether it was in good order, and was properly and skillfully run by the engineer in charge. It is insisted that there is an entire absence of conflict in the testimony that tbe engine was supplied with…