Lake Erie & Western Railroad v. Keiser

—Appellees sued appellant to recover for property destroyed by fire, which fire is alleged to have been ignited by one of appellant’s passing locomotives on its right of way, and which, it is averred, appellant carelessly and negligently permitted to escape from its right of way onto adjoining premises and thence to appellees property, etc.

The complaint is in three paragraphs. The first paragraph avers that appellant’s said road runs near and adjacent to appellees’ premises, upon which was a “mill or factory building containing certain machinery,” etc.; that ap*418pellant had permitted dry grass…