Chicago, Indianapolis & Louisville Railway Co. v. Gilmore

Black, J*.

— The appellant was sued by the appellee for damages for injury and destruction of his property by fire. It was stated in the complaint that the appellant, in running its locomotive engines on its railroad, carelessly and negligently omitted to use spark-arresters or proper appliances to prevent the. emisison of sparks from said locomotives, but used spark-arresters which were worn and defective, and which contained holes through which large coals of fire and sparks were emitted, and permitted to escape, and which did escape on account of the appellant’s using said engines, the…