Butcher v. Vaca Valley & C. L. R. Co.

Whatever may have been the origin of the fire which consumed the plaintiff’s grain, none of the witnesses saw it before it had reached “Wilson’s field,” which lies between the defendant’s railroad and the plaintiff’s land. The allegation of the complaint is that “by reason of the carelessness and negligence of said company (defendant), and the engineers and employees thereof, the fire from the engine and locomotive of said road was suffered to escape and did escape, and by reason thereof came upon the land of the plaintiff,” etc. To the introduction of evidence of the discovery of the fire in…