Hass and Wife v. Chicago & North Western

The complaint alleges that the plaintiff, a volunteer fireman, was seriously injured in the course of his duties while fighting a fire which resulted from the negligence of the defendant railroad company. The fire was allegedly started by one of the defendants diesel engines. Plaintiff alleged negligence in that the engine was not properly maintained, that it was known by defendant that the engine was prone to start fires, and that the railroad company nevertheless operated the train "when the place and weather conditions were susceptible to the starting of fires." It was also alleged that, after the passage of the engine, the defendant failed to patrol its right-of-way to prevent the spread of the fire.