75 N.J.L. 277 | N.J. | 1907
The opinion of the court was delivered by
The plaintiff by this suit seeks to recover damages to property owned by him, resulting from three separate fires, caused, as he alleges, by the escape of sparks from locomotives of the defendant company. The first fire occurred on April 1st, 1905, and destroyed a large quantity of manure. The second fire occurred on July 19th of the same year, and burned up the plaintiff’s dwelling-house, barns and a large amount of personal property. The third fire-occurred about four days later, and destroyed a growing crop of clover. The defendant company had no knowledge of the first and third fires, and on this account was unable to put in any proofs to meet the plaintiff’s claim of its liability on account of them.
The evidence submitted on behalf of the plaintiff in support of his claim that the first and third fires were started by escaping sparks from locomotives of the defendant, although
For this reason the rule to show cause must be made absolute.