Tampa & Jacksonville Railway Company v. C. Y. Crawford

WHITFIELD, J. -- Crawford & Davis brought an action for damages and allege in effect that they were the owners of a certain building used as a barn, containing 116 tons of hay, &c., situated within a short distance from the track of the defendant company, and that the defendant railway company ""negligently and carelessly run and operated one of its engines over and along its railroad track near to and by the said barn of the plaintiffs, and as a result of defendant's negligence in failing to perform its duty, and provide its engines with proper and necessary appliances, instruments and spark arresters, sparks and brands of fire escaped from the smokestock of such engine, and were carried and thrown upon and ignited said barn of the plaintiffs, and said barn and its contents * * * were entirely consumed and destroyed."" A demurrer to the declaration was overruled, a motion for compulsory amendment was denied, a plea of not guilty was filed, and at the trial the plaintiffs obtained verdict and judgment. A writ of error was taken.