Chicago, Rock Island & Pacific Railway Co. v. Matson

The questions presented for decision in this case are all determinable by the application of familiar principles of law and rules of procedure., The action in the city court was a statutory action for damages and for attorney’s fees, based upon' the negligence of the defendant in failing to equip one of its engines with proper appliances to prevent the escape of fire. The breaking in upon, and the disturbance of the quietude of, the plaintiff’s possession of land was not the gist of' the action at all. True, the bill of particulars states that the plaintiff was “possessed” of the real estate…