167 Ind. 454 | Ind. | 1906
This is an action brought by appellee against appellant to recover damages because of the destruction of his property by fire set by one of appellant’s locomotives. The complaint was in two paragraphs. The first was based on negligence in the failure to use and keep in repair a sufficient and proper spark-arrester, while the second charged negligence in overtaxing the locomotive. Each paragraph averred that the negligence therein alleged caused the locomotive to throw out large sparks and coals
We have now considered the various questions which the case presents, and as we find no error the judgment is affirmed.