Lake Erie & Western Railroad v. Gould

Henlev, J. —

Appellee began this action in the lower court to recover damages growing out of the destruction of his property by fire. The complaint is in two paragraphs. The first paragraph charges the appellant with negligence in allowing dry grass, weeds, and other combustible material to accumulate and remain on its right of way; that the same was set on fire by one of-appellant’s locomotives, and the fire so ignited was negligently permitted to escape from the right of way to appellee’s premises, and there burned and destroyed appellee’s property. The second paragraph of the complaint is…