43 Minn. 319 | Minn. | 1890
A locomotive with train of cars, passing over defendant’s road near plaintiff’s premises, set fire, as plaintiff alleges, to dry grass or combustible material near the track, which spread to plaintiff’s land, and destroyed certain, trees, for the value of which this action is brought. The negligence alleged is faulty and defective construction of the engine, and the. failure to provide it with modern
The jury found specially that the engine “was not out of repair,” and that it was “not improperly, unskilfully, or negligently managed 'at the time the fire so escaped,” but that “it escaped because of the defective construction of defendant’s locomotive.” The sole question for our consideration is whether the last-named finding is justified by the evidence, or, rather, whether, upon the undisputed evidence in the case, it is clearly erroneous. The testimony of the engineer in charge of the engine is that he had been an engineer for six years, and had eleven years’ experience on and about engines, and that the engine in question “had all the appliances tested at that time, to my knowledge, for preventing fire from escaping from the stack. I did not notice on that trip that this engine was throwing off any unusual amount of sparks.” “From my experience as an engineer, with an
Order reversed.
Mitchell, J., took no part in this case.