Louisville, Evansville & St. Louis Consolidated Railroad v. Black

Mr. Presiding Justice Sample

delivered the opinion of the Court.

Damages were recovered by appellee for the destruction of property by fire thrown from appellant’s locomotive. The train men saw the fire so communicated and called to one near to extinguish it, which he tried to do, and failed. That appellee’s, property was destroyed by appellant is conceded. The engine threw fire over the fence and outside the right of way. The same engine had shortly before set several fires in the same neighborhood, but first on the right of way, and, as shown by the section boss, the appellant’s witness, had…