HUTCHESON, Chief Judge.
The suit was for fire damage to property adjoining the railway tracks and right-of-way of defendant.
The claim was that the fire was negligently set on defendant's right-of-way and spread to and burned plaintiff's property. The negligence alleged was: permitting accumulations on the right-of-way of dead and inflammable vegetation and trash; and so equipping and operating defendant's engines as to permit and cause the emission of sparks...
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