Fisher

The appeal is from the judgment on the judgment-roll alone. The only question for determination concerns the ruling of the court below overruling a general demurrer to the amended complaint.

The action was brought to recover damages for the destruction of plaintiff’s dwelling-house, and the gravamen of the charge is contained in the following allegations: “That on the said nineteenth day of July, 1898, defendant carelessly, negligently, deceitfully, secretively, improvidently, and unsafely maintained a powder magazine, which was improperly constructed, containing not less than five thousand pounds of powder, and situated upon the corner of Clark and A streets in Melrose. . . . Defendant, on said nineteenth day of July, 1898, had in its employ a careless, heedless, reckless, and dangerous servant, whose duty it was to handle, carry, and take charge of the powder in said magazine and to whom it gave free access to said magazine, at all times. Said servant was a Chinaman, called Ah Ung, and his carelessness, recklessness, heedlessness and unfitness were at all times well known to defendant. On the said nineteenth day of July, 1898, the said powder, stored in the said magazine, was…