#### J. W. Pierce, Plaintiff in Error, v. Southern Railway Company, Defendant in Error.

(Not to he reported in full.)

Error to the Circuit Court of St. Clair county; the Hon. George . A. Crow, Judge, presiding. Heard in this court at the March term, 1917.

Affirmed.

Opinion filed October 24, 1917.

Statement of the Case.

Action by J. W. Pierce, plaintiff," against the Southern Railway Company, defendant, to recover damages for the alleged burning of plaintiff’s residence through defendant’s negligence. From a judg*554ment for defendant, on a directed verdict at the close of plaintiff’s evidence, plaintiff brings error.

Abstract of the Decision.

Railroads, § 921 * — when evidence that sparlcs were seen coming out of smolcestaclc of engine is properly excluded in action for loss ■ of property by fire. Testimony by a witness that he saw, on the night plaintiff’s house was burned, sparks coming out of the smokestack of a certain railroad engine a mile away, held to be properly excluded, in an action against the railroad company to recover damages for such burning, where the evidence did not show whether the train testified to was on defendant’s track, or had passed, or was going in the direction of plaintiff’s property.

Clyde D. Miller, for plaintiff in error.

Kramer, Kramer & Campbell and R H. Wiechert, for defendant in error; Edward P. Humphrey, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Boggs

delivered the opinion of the court.