California Court of Appeal December 9, 1905, Civ. No. 84. (McMahon v. Hetch-Hetchy & Yosemite Valleys Railway Co.)

McLAUGHLIN, J.

This is an action to recover damages resulting from a fire started by sparks from a locomotive. The complaint alleges that the defendants negligently permitted dry grass, leaves, and other combustible material to remain on the track and right of way of a railroad owned and operated by them, and that by reason of the negligent and careless manner in which the defendants and their