Bittick & Mays v. Georgia, Florida & Ala. Ry. Co.

A plaintiff is required to plainly, fully and distinctly set out .his cause of action, so as to afford the defendant an opportunity to prepare for trial, and not leave him to defend in the dark. But he is not required to allege impossible particulars or unnecessary details. The plaintiffs in the case under consideration alleged that the defendant railway company had set fire to their property by means of sparks emitted from one of its engines. They relied on two grounds of negligence; first, that the defendant failed to provide any sufficient appliances to prevent the throwing out of sparks…