21 Ga. App. 814 | Ga. Ct. App. | 1918
To make clear tbe ruling in the first headnote above, the entire evidence offered by the defendant as to the sparlcarrester with which its engine was equipped is presented. The engineer in charge of the locomotive which the plaintiff contended communicated the fire to his orchard, testified on this subject as follows: “I didn’t examine my spark-arrester that day. . . So far as the spark-arrester is concerned, I don’t ever look at it. I couldn’t tell what kind of a spark-arrester was on my engine.
The fireman who at the time in question was in charge of the engine testified: “The spark-arresting apparatus on the engine was in good condition, so far as I know. I never saw the sparkayrester itself. . . From the condition of the smoke I saw coming out, I would say that the spark-arrester was in good condition. . . I have seen a spark-arrester. I remember seeing it on this engine several times.” In this testimony there is nothing to the effect that the spark-arrester on the engine alleged to have communicated the fire was an appliance of the best kind in general use or was even such an appliance as was customarily employed on locomotive engines.
The only other witness who testified as to the spark-arrester on the engine in question was the inspector for the defendant company, whose evidence was as follows: “I am a spark-arrester and ash-pan inspector for the Southern Eailroad. I have the inspection of the engine on which Mr. Simmons was running on the
Judgment affirmed.