Shrigley v. Chicago & Eastern Illinois Railway Co.

Mr. Presiding Justice Higbee

delivered the opinion of the court.

This suit was brought by appellee to recover damages for injuries occasioned to his orchards and pasture lands, lying along appellant’s right of way, by fire alleged to have been permitted to escape from appellant’s locomotives.

The first three of the five counts of the declaration, alleged that the fire started on appellee’s land outside of the right of way, while the other two charged negligence on the part of appellant in permitting dead grass, dry weeds and other combustible matter to remain on the right of way, and that the…