Opinion
Gen. No. 41,367. (Abstract of Decision.)
Opinion filed December 23, 1940
RAILROADS, § 556 — fire started by locomotive, direction of verdict. In action for damages due to barn burning allegedly as result of sparks from locomotive setting grass on right of way on fire, lower court erroneously directed verdict for defendant, as testimony of plaintiff's daughter that she saw passing locomotive emitting sparks and shortly thereafter the barn burning made out a prima facie case under the statute (Ill. Rev. Stat. 1939, ch. 114, § 96; Jones Ill. Stats. Ann. 114.183).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. M.L. McKINLEY, presiding.
Reversed and remanded. Heard in first division, first district, this court at October term, 1940.
Irving M. Greenfield and Julius S. Neale, for appellants;
M.L. Bluhm and Edwin R. Eckersall, for appellees;
C.S. Jefferson, of counsel.
"Not to be published in full." Opinion filed December 23, 1940.