Brady v. Jay

Citations

• 111 La. 1071
• 36 So. 132
• 1904 La. LEXIS 598

Syllabus

<p>RAILROADS—FIRES SET BY LOCOMOTIVES—APPEAL—REVIEW.</p> <p>1. Where the owner of a logging railroad furnished to an independent contractor locomotives not equipped with spark arresters, and, in the usual operation of the road, one of the engines, in passing plaintiff’s residence, threw sparks which fell upon and ignited the roof of her house, thereby causing its destruction, held, that the defendant owner is liable for the injury.</p> <p>2. The district judge found that the fire was caused by sparks from the passing locomotive; that the defendant knew the danger attending the use of such locomotive, not equipped with a spark arrester, and burning pine fuel; and that the contractor took the engine as he found it, and used it as defendant had used it. Held, that the opinion of the trial judge on questions of fact is entitled to great weight, and, unless clearly wrong, will be affirmed. Hennen’s Dig. vol. 1, p. 92, No. 1.</p> <p>(Syllabus by the Court.)</p>