228 ECHOES OF OLD COUNTY LIFE. 



The case of the company was, that the engine was so 

 constructed that if it did emit sparks, they were innocu- 

 ous, as they dispersed in the atmosphere before they 

 descended. Eminent engineers proved that they had 

 carefully examined the engine in question, and that it 

 was of the highest class of construction, was almost a 

 new one ; and that as the Legislature had granted them 

 an Act of Parliament to construct the line of railway, 

 it also compelled the company to run trains for pas- 

 sengers and goods at stated fares and rates, and that, 

 having taken every precaution to have their engines 

 constructed efficiently, they were not liable. Mr. O'Malley, 

 O.C., who was counsel for Sir T. Fremantle, cross- 

 examined the great authority, Mr. Fairbairn. After his 

 evidence, which was concise and very conclusive for the 

 company, Mr. O'Malley said, " Well, sir, then you mean 

 to say that this engine was built with all the skill that 

 human ingenuity could suggest } " " Yes ! " " That it 

 was impossible — absolutely impossible — for it to emit 

 sparks that could burn down a building .? " Mr. Fair- 

 bairn said, " Yes, except from the greatest carelessness 

 on the part of the stoker ! " Mr. O'Malley turned round 

 immediately to the Judge, and said, " I submit, my lord, 

 that the evidence of the defendants' witness fully estab- 

 lishes our case. If yourself and the jury are satisfied 

 that these buildings were destroyed by a spark from the 

 engine, it shows there was great carelessness on the part 

 of the servants of the defendants, and I therefore claim 

 the verdict." The learned judge summed up, and the 

 jury gave a verdict for the plaintiff. 



Some weeks afterwards the locomotive superintendent 



