Toledo, Peoria & Warsaw Railway Co. v. Pindar

Citations

• 53 Ill. 447

Syllabus

<p>1. Negligence m bailboads—esca/pe of fire from locomotives. Railroad companies are required to provide and keep constantly in use, and in proper repair, the most approved machinery to prevent the escape of fire from their engines, to the injury of property along their lines. If, notwithstanding the use of such machinery, sparks escape and fire is thereby communicated to buildings, a company will not be deemed guilty of negligence unless the damage results from the neglect of some other duty.</p> <p>2. But even with the use of the best appliances to prevent the escape of fire, if, through the overloading of the engine, the escape of fire and sparks is produced to a dangerous extent, the company will be deemed guilty of gross negligence.</p> <p>3. Same—duty of property owners. But where fire is communicated to a building through the negligence of a railroad company, the owner can not recover for the loss of such portion of the property as he could, easily and without danger, have saved from destruction.</p> <p>4. In this case it was claimed there was a large sum of money burned in a house to which fire had been communicated by the alleged negligence of a railroad compauy. The money could have been secured with but slight effort, and without danger to the owner: Held, the company were not liable for the loss of the money, by reason of the neglect of the owner to take it out of the burning building.</p> <p>5. Same—whether the injury is too remote. In an action against a railroad company to recover for the destruction of a building by Are, communicated by the alleged negligence of the company, it appeared that by the escape of sparks from a passing engine, a building belonging to the company was set on fire and destroyed, and while burning, by means of a liigh wind, fire was blown across the street and there communicated to the house of the plaintiff. Upon the question whether the injury complained of was not too remote to entitle the plaintiff to recover, it was held