Vunk v. Raritan River Railroad

The opinion of the court was delivered by

Depue, J.

The plaintiff brought suit against the defendants in tort to recover damages for the destruction of grass, •trees, timber and fences upon a tract of land situate in the township of East Brunswick, in the county of Middlesex, by means of fire communicated by sparks from a locomotive •engine of the defendants, through the negligence of the defendants’ servants and agents. The declaration alleged that the plaintiff was seized and possessed of the said tract, and cthat the said grass, trees, timber and fences were his property. To this declaration…