Noland v. Great Northern Railway Co.

The opinion of the court was delivered hy

Dunbar, J.

— This is an action to recover damages for destroying the plaintiff’s house hy ñre. The pertinent parts of the complaint are as follows:

“That on or about the 23d day of August, 1901, as the trains were running upon said railroad track and passing plaintiff’s said property and said tract of land, a spark of fire or sparks of fire were emitted from the locomotive propelling said train, through the utter carelessness and gross neglect of said defendant’s agents and employees propelling said locomotive, and carelessly and negligently set fire…