Hoye v. Chicago, Milwaukee & St. Paul Railway Co.

This is an action for damages for the destruction of part of a grove of trees growing upon plaintiff’s farm, by file negligently communicated by sparks from a locomotive on defendant’s railway. A great portion of defendant’s brief is devoted to a discussion of the question whether the evidence justified the verdict. The question as to the origin of the fire was very sharply contested on the trial, the plaintiff’s contention being that it was started by a spark from a locomotive of a certain freight train, which’ignited the grass on the south side of the railway, while defendant’s contention…